Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 57 contracts
Samples: Term Loan Facility (Synopsys Inc), 5 Year Revolving Credit Agreement (NuStar Energy L.P.), Guaranty and Collateral Agreement (Digerati Technologies, Inc.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against any other Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 56 contracts
Samples: Credit Agreement (Roper Technologies Inc), Guarantee Agreement (Tenneco Inc), Credit Agreement (Tenneco Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 49 contracts
Samples: Indenture (Avis Budget Group, Inc.), Indenture (Carvana Co.), Indenture (Carvana Co.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 43 contracts
Samples: Guarantee Agreement (M I Homes Inc), Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Paperweight Development Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 37 contracts
Samples: Indenture (Surgery Partners, Inc.), Indenture (Community Health Systems Inc), Indenture (Community Health Systems Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.32.03. The provisions of this Section 2.2 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersGuaranteed Creditors, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Guaranteed Creditors for the full amount guaranteed by such Guarantor hereunder.
Appears in 25 contracts
Samples: Guaranty and Pledge Agreement (APEG Energy II, LP), Second Lien Guaranty and Collateral Agreement (Hornbeck Offshore Services Inc /La), First Lien Guaranty and Collateral Agreement (Hornbeck Offshore Services Inc /La)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 22 contracts
Samples: Indenture (Ladder Capital Corp), Indenture (Avis Budget Group, Inc.), Indenture (Ladder Capital Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 20 contracts
Samples: Credit Agreement (Aol Time Warner Inc), Credit Agreement (Aol Time Warner Inc), Credit Agreement (Aol Time Warner Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent, the Collateral Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent, the Collateral Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 18 contracts
Samples: Super Priority Senior Secured Debtor in Possession Asset Based Revolving Credit Agreement (Revlon Consumer Products Corp), Superpriority Senior Secured Debtor in Possession Credit Agreement (Revlon Consumer Products Corp), Term Loan Guarantee and Collateral Agreement (Revlon Inc /De/)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 18 contracts
Samples: Indenture (loanDepot, Inc.), Indenture (Builders FirstSource, Inc.), Indenture (Builders FirstSource, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.03 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 17 contracts
Samples: Indenture (Cleveland-Cliffs Inc.), Indenture (Cleveland-Cliffs Inc.), Indenture (Cleveland-Cliffs Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 17 contracts
Samples: Credit Agreement (Minerva Surgical Inc), Guarantee Agreement (Evolent Health, Inc.), Guaranty and Security Agreement (Hornbeck Offshore Services Inc /La)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 16 contracts
Samples: Indenture (Churchill Downs Inc), Indenture (F&G Annuities & Life, Inc.), Indenture (IAA Spinco Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Subsidiary Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Company, or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 11.04 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 14 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed guarantied by such Guarantor hereunder.
Appears in 13 contracts
Samples: Term B Guaranty and Collateral Agreement (Sei Investments Co), Guaranty and Collateral Agreement (Akorn Inc), Guaranty and Collateral Agreement (Multi Color Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.310.07. The provisions of this Section 2.2 10.06 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 13 contracts
Samples: Indenture (O-I Glass, Inc. /DE/), Indenture (O-I Glass, Inc. /DE/), Indenture (O-I Glass, Inc. /DE/)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any such Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under its Guarantee, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which has who have not paid its their proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 12 contracts
Samples: Indenture (Mattel Inc /De/), Indenture (Mattel Inc /De/), Indenture (Axalta Coating Systems Ltd.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 11 contracts
Samples: Credit Agreement (Iac/Interactivecorp), Credit Agreement (Iac/Interactivecorp), Credit Agreement (Match Group, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 11 contracts
Samples: Indenture (Pactiv Evergreen Inc.), Indenture (Pactiv Evergreen Inc.), Indenture (Restaurant Brands International Limited Partnership)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.33.3. The provisions of this Section 2.2 3.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 11 contracts
Samples: Guarantee and Collateral Agreement (Scotts Miracle-Gro Co), Credit Agreement (Scotts Miracle-Gro Co), Credit Agreement (Scotts Miracle-Gro Co)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.04. The provisions of this Section 2.2 11.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 10 contracts
Samples: First Lien Credit Agreement (Option Care Health, Inc.), First Lien Credit Agreement (Option Care Health, Inc.), First Lien Credit Agreement (Option Care Health, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 10 contracts
Samples: Credit Agreement (RR Donnelley & Sons Co), Restatement Agreement (Constellation Brands, Inc.), Credit Agreement (Constellation Brands, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Guaranteed Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Guaranteed Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 10 contracts
Samples: Guaranty (NXP Semiconductors N.V.), Guaranty (NXP Semiconductors N.V.), Guaranty (NXP Semiconductors N.V.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.310.03. The provisions of this Section 2.2 10.02 shall in no respect limit the obligations and liabilities of any Guarantor Loan Party to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Lender Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 9 contracts
Samples: Revolving Credit Agreement (Mylan N.V.), Revolving Credit Agreement (Mylan N.V.), Term Credit Agreement (Mylan N.V.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 9 contracts
Samples: Guarantee Agreement (On Semiconductor Corp), Guaranty (Medpace Holdings, Inc.), Credit Agreement (Cable One, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.05. The provisions of this Section 2.2 11.11 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the LendersSecured Parties, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 8 contracts
Samples: Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 8 contracts
Samples: Second Out Term Loan Credit Agreement (Internap Corp), Senior Secured Term Loan Credit Agreement (Internap Corp), Senior Secured Debtor in Possession Credit Agreement (Internap Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any such Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under its Guarantee, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 8 contracts
Samples: Indenture (Zekelman Industries, Inc.), Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.34 hereof. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, Beneficiaries and each Guarantor shall remain liable to the Administrative Agent and the Lenders Beneficiaries for the full amount guaranteed by such Guarantor hereunder.
Appears in 8 contracts
Samples: Guarantee (Hanover Compressor Co /), Guarantee (Hanover Compressor Co /), Guarantee (Safeskin Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 8 contracts
Samples: Credit Agreement (Central European Media Enterprises LTD), Credit Agreement (Central European Media Enterprises LTD), Commitment Letter (Central European Media Enterprises LTD)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.04. The provisions of this Section 2.2 11.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 8 contracts
Samples: Term Loan Credit Agreement (BRP Inc.), Credit Agreement (Nielsen Holdings PLC), Credit Agreement (Vivint Smart Home, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any such Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under its Guarantee, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which that has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 8 contracts
Samples: Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.34. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 7 contracts
Samples: Credit Agreement, Credit Agreement (Kennametal Inc), Credit Agreement (MSC Industrial Direct Co Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.07. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 7 contracts
Samples: Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Holdings, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 18.03 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Trustee, the Collateral Agent and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Trustee, the Collateral Agent and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 7 contracts
Samples: Indenture (NanoString Technologies Inc), Indenture (NanoString Technologies Inc), Indenture (Accelerate Diagnostics, Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 7 contracts
Samples: Guarantee and Collateral Agreement (Cole National Corp /De/), Guarantee and Collateral Agreement (Telex Communications Inc), Guarantee and Collateral Agreement (Day International Group Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agents and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agents and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 6 contracts
Samples: Guarantee and Collateral Agreement (Scientific Games Corp), Guarantee and Collateral Agreement (Scientific Games Corp), Guarantee and Collateral Agreement (Imperial Holly Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Trustee, the Collateral Agent and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Trustee, the Collateral Agent and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 6 contracts
Samples: Indenture (Frontier Communications Parent, Inc.), Indenture (Frontier Communications Parent, Inc.), Indenture (Frontier Communications Parent, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.310.03. The provisions of this Section 2.2 10.02 shall in no respect limit the obligations and liabilities of any Guarantor Loan Party to the Administrative Agent and the LendersLender Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Lender Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 6 contracts
Samples: Revolving Credit Agreement (Viatris Inc), Revolving Credit Agreement (Viatris Inc), Revolving Credit Agreement (Viatris Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersPurchasers, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Purchasers for the full amount guaranteed by such Guarantor hereunder.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Access Integrated Technologies Inc), Subordination Agreement (ABX Holdings, Inc.), Securities Purchase Agreement (Access Integrated Technologies Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.315.4 hereof. The provisions of this Section 2.2 15.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 6 contracts
Samples: Superpriority Secured Debtor in Possession Credit Agreement (Intelsat S.A.), Superpriority Secured Debtor in Possession Credit Agreement (Intelsat S.A.), Superpriority Secured Debtor in Possession Credit Agreement (Intelsat S.A.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.317.7 hereof. The provisions of this Section 2.2 17.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Samples: Revolving Credit, Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.), Reimbursement, Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.), Reimbursement, Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Samples: Credit Agreement (TiVo Corp), Credit Agreement (Rovi Corp), Credit Agreement (Rovi Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (Aftermarket Technology Corp), Credit Agreement (Big City Radio Inc), Guarantee and Collateral Agreement (Polo Ralph Lauren Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. this Article X. The provisions of this Section 2.2 10.6 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Trustee and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Agent Trustee and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Samples: Indenture (Baytex Energy Corp.), Indenture (GFL Environmental Holdings Inc.), Indenture (GFL Environmental Holdings Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (Acer Therapeutics Inc.), Guarantee and Collateral Agreement (Acer Therapeutics Inc.), Guarantee and Collateral Agreement (Biotricity Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Subordinated Guarantee Agent and the LendersCredit Parties, and each Guarantor shall remain liable to the Administrative Subordinated Guarantee Agent and the Lenders Credit Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Samples: Loan Agreement (Dex Media, Inc.), Credit Agreement (Dex Media, Inc.), Loan Agreement (Supermedia Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Samples: Credit Agreement (Rockwood Holdings, Inc.), Guarantee (Rockwood Holdings, Inc.), Credit Agreement (Rockwood Specialties Group Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.31(c). The provisions of this Section 2.2 1(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Eastman Kodak Co), Guarantee and Collateral Agreement (Eastman Kodak Co), Guarantee and Collateral Agreement (Eastman Kodak Co)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such the Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.32(c). The provisions of this Section 2.2 2(b) shall in no respect limit the obligations and liabilities of any the Guarantor to the Administrative Agent and the LendersPurchaser, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Purchaser for the full amount guaranteed by such the Guarantor hereunder.
Appears in 4 contracts
Samples: Subsidiary Guarantee (Adamis Pharmaceuticals Corp), Subsidiary Guarantee (Adamis Pharmaceuticals Corp), Subsidiary Guarantee (IdeaEdge, Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.05. The provisions of this Section 2.2 11.11 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Yellow Corp), Credit Agreement (Yellow Corp), Credit Agreement (YRC Worldwide Inc.)
Right of Contribution. (a) Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which that has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersNoteholder, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Noteholder for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Samples: Secured Note Agreement (General Motors Co), Secured Note Agreement (General Motors Co), Secured Note Agreement (General Motors Co)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor (other than Holdings) shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Air Transport Services Group, Inc.), Guarantee and Collateral Agreement (Air Transport Services Group, Inc.), Guarantee and Collateral Agreement (Air Transport Services Group, Inc.)
Right of Contribution. Each Guarantor hereby agrees that that, to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder or in respect of the Guaranteed Obligations, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right The provisions of contribution this Section 13 shall be subject to the terms and conditions of Section 2.312. The provisions of this Section 2.2 13 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersGuaranteed Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Guaranteed Parties for the full amount guaranteed by such Guarantor it hereunder.
Appears in 4 contracts
Samples: Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 12.03 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Trustee, the Collateral Agent and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Trustee, the Collateral Agent and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Samples: First Supplemental Indenture (Intercept Pharmaceuticals, Inc.), Subscription Agreement (Intercept Pharmaceuticals, Inc.), Exchange Agreement (Intercept Pharmaceuticals, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.32(c). The provisions of this Section 2.2 2(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersLender, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Lender for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Samples: Subsidiary Guarantee (Heartland Oil & Gas Corp), Subsidiary Guarantee (Continental Fuels, Inc.), Subsidiary Guarantee (Universal Property Development & Acquisition Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.32(c). The provisions of this Section 2.2 2(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersLender, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Lender for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Samples: Subsidiary Guarantee (Pipeline Data Inc), Subsidiary Guarantee (Universal Property Development & Acquisition Corp), Subsidiary Guarantee (Sonoma College Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agents and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agents and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Independence Contract Drilling, Inc.), Credit Agreement (Independence Contract Drilling, Inc.), Guarantee and Collateral Agreement (Joe's Jeans Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (NBC Acquisition Corp), Guarantee and Collateral Agreement (NBC Acquisition Corp), Guarantee and Collateral Agreement (Nebraska Book Co)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.39.4. The provisions of this Section 2.2 9.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agent, and the Lenders, Lenders and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Delayed Draw Term Loan and Bridge Loan Credit Agreement (Par Petroleum Corp/Co), Delayed Draw Term Loan Credit Agreement (Par Petroleum Corp/Co), Term Loan Agreement (Gevo, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3Paragraph 5 hereof. The provisions of this Section 2.2 Paragraph 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Gulfterra Energy Partners L P), Intercompany Note (Essex Group Inc), Term Loan Agreement (Gulfstream Aerospace Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agent, the Issuing Bank and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agent, the Issuing Bank and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Debt Agreement (Revel AC, Inc.), Credit and Security Agreement (Five Star Quality Care Inc), Credit Agreement (EPL Intermediate, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agents and the Lenders, and each Guarantor shall remain jointly and severally liable to the Administrative Agent Agents and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (L 3 Communications Corp), Credit Agreement (L 3 Communications Corp), 364 Day Credit Agreement (L 3 Communications Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.05. The provisions of this Section 2.2 11.11 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder. Additional Guarantor Waivers and Agreements .
Appears in 3 contracts
Samples: Credit Agreement (YRC Worldwide Inc.), Credit Agreement (YRC Worldwide Inc.), Credit Agreement (YRC Worldwide Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Senior Unsecured Credit Agreement (Intelsat LTD), Guarantee (Intelsat S.A.), Guarantee (Intelsat S.A.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders other Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Uk Guarantee (Rockwood Specialties Group Inc), Guarantee (Rockwood Specialties Group Inc), Guarantee (Rockwood Specialties Group Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Triumph Group Inc), Guarantee and Collateral Agreement (Omniamerica Inc), Guarantee and Collateral Agreement (WTNH Broadcasting Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Security Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Security Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Convertible Loan Agreement (Time Warner Inc/), Convertible Loan Agreement (Time Warner Inc/), Convertible Loan Agreement (Sony Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.34.04. The provisions of this Section 2.2 4.08 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor hereunder to the Administrative Agent Agent, for itself and for the ratable benefit of the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agent, for itself and for the Lenders ratable benefit of the Lenders, for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Guaranty and Collateral Agreement (Furmanite Corp), Credit Agreement (Furmanite Corp), Guaranty and Collateral Agreement (Furmanite Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Administrative Trustee, the Collateral Agent and the Lenders, Holders and each Guarantor shall remain liable to the Administrative Trustee, the Collateral Agent and the Lenders Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Indenture (Restaurant Brands International Inc.), Indenture (Restaurant Brands International Limited Partnership), Indenture (Restaurant Brands International Limited Partnership)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (TBC Corp), Guarantee and Collateral Agreement (TBC Corp), Guarantee and Collateral Agreement (TBC Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.34.02. The provisions of this Section 2.2 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (AST SpaceMobile, Inc.), Guarantee and Collateral Agreement (Eos Energy Enterprises, Inc.), Senior Secured Term Loan Credit Agreement (Soundhound Ai, Inc.)
Right of Contribution. Each Guarantor hereby agrees that that, to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.32.03. The provisions of this Section 2.2 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersHolder, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Holder for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Subsidiary Guaranty (Cover All Technologies Inc), Subsidiary Guaranty (Digital Recorders Inc), Subsidiary Guaranty (Cover All Technologies Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.32.03. The provisions of this Section 2.2 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, Secured Parties and each Guarantor shall remain liable to the Administrative Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: First Lien Guarantee and Collateral Agreement (Spanish Broadcasting System Inc), Second Lien Guarantee and Collateral Agreement (Spanish Broadcasting System Inc), Credit Agreement (Earth Biofuels Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.34.01. The provisions of this Section 2.2 2.03 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersHolders, and each Guarantor shall remain liable for the Obligations up to the Administrative Agent and the Lenders for the full amount guaranteed by maximum liability of such Guarantor hereunder.
Appears in 3 contracts
Samples: Securities Purchase Agreement (ObsEva SA), Securities Purchase Agreement (ObsEva SA), Securities Purchase Agreement (ObsEva SA)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against any other Subsidiary Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.33.3. The provisions of this Section 2.2 3.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Avis Budget Group, Inc.), Guarantee and Collateral Agreement (Avis Budget Group, Inc.), Guarantee and Collateral Agreement (Avis Budget Group, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.37.04. The provisions of this Section 2.2 7.09 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agent, the Issuing Banks and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agent, the Issuing Banks and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Bankrate, Inc.), Revolving Credit Agreement (Bankrate, Inc.), Revolving Credit Agreement (Bankrate, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3hereof. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (Core Mark International Inc), Credit and Guarantee Agreement (Young & Rubicam Inc), Credit Agreement (Lexmark International Group Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.05. The provisions of this Section 2.2 11.11 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent, the Collateral Agent and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent, the Collateral Agent and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (YRC Worldwide Inc.), Term Loan Credit Agreement (YRC Worldwide Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.34.02. The provisions of this Section 2.2 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (MorningStar Partners, L.P.), Credit Agreement (EV Energy Partners, LP)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.35 hereof. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Recoton Corp), Guarantee (Recoton Corp)
Right of Contribution. Each Guarantor hereby agrees that to the --------------------- extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the LendersLender, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Lender for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (V I Technologies Inc), Credit Agreement (Lexar Media Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.35. The provisions of this Section 2.2 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Guaranteed Parties, and each Guarantor shall remain liable to the Administrative Agent and the Lenders Guaranteed Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: First Lien Subsidiary Guaranty (USA Synthetic Fuel Corp), Second Lien Subsidiary Guaranty (USA Synthetic Fuel Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Pdi Inc), Guarantee and Collateral Agreement (Multiband Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lendersother Secured Persons, and each Guarantor shall remain liable for the Obligations up to the Administrative Agent and the Lenders for the full amount guaranteed by maximum liability of such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Earthstone Energy Inc), Guarantee and Collateral Agreement (AMERICAN EAGLE ENERGY Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Parent Guarantee (VCG Holding Corp), Guarantee Agreement (New World Restaurant Group Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Collateral Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Collateral Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Superpriority Debtor in Possession Guarantee and Collateral Agreement (Bally Total Fitness Holding Corp), Guarantee and Collateral Agreement (West Village Gym at the Archives LLC)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Collateral Agent, the Administrative Agent Agents and the Lenders, and each Guarantor shall remain liable to the Collateral Agent, the Administrative Agent Agents and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Aspen Insurance Holdings LTD), 364 Day Credit Agreement (Aspen Insurance Holdings LTD)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.37.04. The provisions of this Section 2.2 7.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agents and the LendersSecured Parties, and each Guarantor shall remain liable to the Administrative Agent Agents and the Lenders Secured Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Global Geophysical Services Inc), Second Lien Credit Agreement (Global Geophysical Services Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent Agents and the Lenders, and each Guarantor shall remain liable to the Administrative Agent Agents and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Kinetic Concepts Inc /Tx/), Credit Agreement (Carmike Cinemas Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.4. The provisions of this Section 2.2 11.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Forbearance Agreement and Eleventh Amendment to Loan Agreement (Volta Inc.), Term Loan, Guarantee and Security Agreement (Volta Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.311.04. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Milan Laser Inc.), Credit and Guaranty Agreement (Milan Laser Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.32.6. The provisions of this Section 2.2 2.7 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenderseach other Secured Party, and each Guarantor shall remain liable to the Administrative Agent and the Lenders each other Secured Party for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Dri I Inc), Subsidiary Guaranty (Nextel Partners Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.3subsection 11.3. The provisions of this Section 2.2 subsection 11.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement, Credit and Guarantee Agreement (Sirva Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.32.5. The provisions of this Section 2.2 2.11 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunderof the Guaranteed Obligations.
Appears in 2 contracts
Samples: Term Loan Agreement (Philadelphia Energy Solutions Inc.), Term Loan Agreement (Philadelphia Energy Solutions Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder or under the other Indenture Documents, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.33.6. The provisions of this Section 2.2 4.13 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Guarantee Agreement (Johnstone Tank Trucking Ltd.), Guarantee (Johnstone Tank Trucking Ltd.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Subsidiary Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.39.04. The provisions of this Section 2.2 9.10 shall in no respect limit the obligations and liabilities of any Subsidiary Guarantor to the Administrative Agent and the Lenders, and each Subsidiary Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Bridge Loan Agreement (Lyondell Chemical Co), Bridge Loan Agreement (Lyondell Chemical Co)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.36(d). The provisions of this Section 2.2 24 shall in no respect limit the obligations and liabilities of any Guarantor to Administrative Agent, the Administrative Agent and Lender Creditors or the LendersHedging Creditors, and each Guarantor shall remain liable to Administrative Agent, the Administrative Agent Lender Creditors and the Lenders Hedging Creditors for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Term Loan Credit Agreement, Term Loan Credit Agreement (Jill Intermediate LLC)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.3. The provisions of this Section 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent and the Lenders, and each Guarantor shall remain liable to the Administrative Agent and the Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Samples: Subsidiary Guarantee (Appliedtheory Corp), Subsidiary Guarantee (Anc Rental Corp)
