Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 26 contracts
Samples: Indenture (McClatchy Co), Indenture, Indenture (Pico Holdings Inc /New)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who 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 11.04. The provisions of this Section 10.3 11.11 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee Administrative Agent and the Holders Lenders, and each Subsidiary Guarantor shall remain liable to the Trustee Administrative Agent and the Holders Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 13 contracts
Samples: Credit Agreement (Hilton Grand Vacations Inc.), Second Lien Credit Agreement (Vine Energy Inc.), Credit Agreement (Velocity Financial, Inc.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid or be obligated to pay more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who that 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 2.03. The provisions of this Section 10.3 2.02 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee Collateral Agent and the Holders Secured Parties, and each Subsidiary Guarantor shall remain liable to the Trustee Collateral Agent and the Holders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 13 contracts
Samples: Credit Agreement (Tennessee Gas Pipeline Co), Credit Agreement (El Paso Corp/De), Credit Agreement (El Paso Corp/De)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who 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 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee Administrative Agent and the Holders Lenders, and each Subsidiary Guarantor shall remain liable to the Trustee Administrative Agent and the Holders Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 11 contracts
Samples: Guarantee and Collateral Agreement (Ifco Systems Nv), Guarantee and Collateral Agreement (CSK Auto Corp), Credit Agreement (Chesapeake Energy Corp)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who 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 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee Administrative Agent and the Holders Secured Parties, and each Subsidiary Guarantor shall remain liable to the Trustee Administrative Agent and the Holders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 9 contracts
Samples: Guarantee and Collateral Agreement (Six Flags Entertainment Corp), Guarantee and Collateral Agreement (Six Flags Entertainment Corp), Guarantee and Collateral Agreement (Allscripts Healthcare Solutions, Inc.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who 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 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee Collateral Agent and the Holders Secured Parties, and each Subsidiary Guarantor shall remain liable to the Trustee Collateral Agent and the Holders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 7 contracts
Samples: Guarantee and Collateral Agreement (B&G Foods, Inc.), Guarantee and Collateral Agreement (B&G Foods, Inc.), Credit Agreement (First Wind Holdings Inc.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who has not paid its proportionate share of such payment, based on the respective net assets of all the Subsidiary Guarantors at the time of such payment, determined in accordance with GAAP. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders Holders, and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed Guaranteed by such Subsidiary Guarantor hereunder.
Appears in 7 contracts
Samples: Indenture (CNX Resources Corp), Indenture (CNX Resources Corp), Indenture (CNX Resources Corp)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who 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 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee Administrative Agent and the Holders other Secured Parties, and each Subsidiary Guarantor shall remain liable to the Trustee Administrative Agent and the Holders other Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 6 contracts
Samples: Guarantee and Collateral Agreement (Enernoc Inc), Credit Agreement (SPX Corp), Guarantee and Collateral Agreement (Global Aero Logistics Inc.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company Issuer or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 6 contracts
Samples: Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp), Indenture (ANTERO RESOURCES Corp)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company Company, or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 5 contracts
Samples: Indenture (Conexant Systems Inc), Indenture (Cornell Companies Inc), Indenture (Conexant Systems Inc)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary GuaranteesGuarantee, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company Issuer, or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 11.04 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 5 contracts
Samples: Indenture (GeoEye, Inc.), Indenture (GeoEye License Corp.), Purchase Agreement (GeoEye, Inc.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor hereunder who 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 11.6. The provisions of this Section 10.3 11.5 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 5 contracts
Samples: Indenture (Windy Hill Pet Food Co Inc), Indenture (Doane Pet Care Enterprises Inc), Indenture (Aurora Foods Inc /De/)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 10.03 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 4 contracts
Samples: Indenture (McClatchy Co), Indenture (Pier 1 Imports Inc/De), Indenture (Pier 1 Imports Inc/De)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who 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 4. The provisions of this Section 10.3 3 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee and the Holders Noteholders, and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders Noteholders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 4 contracts
Samples: Note Purchase and Private Shelf Agreement (MSC Industrial Direct Co Inc), Private Shelf Agreement (MSC Industrial Direct Co Inc), Note Purchase Agreement (MSC Industrial Direct Co Inc)
Right of Contribution. Each If the Additional Subsidiary Guarantor hereby agrees that to the extent that any makes a payment or distribution under its Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary GuaranteesGuarantee, such Subsidiary Guarantor shall it will be entitled to seek and receive a contribution from and against the Company or any each other Subsidiary Guarantor who has not paid its proportionate share in a pro rata amount, based on the net assets of such paymenteach Subsidiary Guarantor and the Additional Subsidiary Guarantor determined in accordance with GAAP. The provisions of this Section 2.4 and Section 10.3 of the Indenture shall in no respect limit the obligations and liabilities of each the Additional Subsidiary Guarantor to the Trustee and the Holders and each the Additional Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such the Additional Subsidiary Guarantor hereunder.
Appears in 4 contracts
Samples: Indenture (Arcos Dorados Holdings Inc.), Indenture (Arcos Dorados Holdings Inc.), Indenture (Arcos Dorados Holdings Inc.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 11.03 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed Guaranteed by such Subsidiary Guarantor hereunder.
Appears in 4 contracts
Samples: Senior Convertible Notes Indenture (Central European Media Enterprises LTD), Senior Convertible Notes Indenture (CME Media Enterprises B.V.), Indenture (CME Media Enterprises B.V.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company Issuers or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Indenture (Alta Mesa Holdings, LP), Indenture (Colt Defense Technical Services LLC), Indenture (Alta Mesa Energy LLC)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 10.03 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed Guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Indenture (Delta Petroleum Corp/Co), Indenture (Eddie Bauer Holdings, Inc.), Indenture (Calgon Carbon Corporation)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders Holders, and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Indenture (Cimarex Energy Co), Indenture (Columbus Energy Corp), Indenture (Quiksilver Inc)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who 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 7.04. The provisions of this Section 10.3 7.10 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee and the Holders Secured Parties, and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc), Credit Agreement (CSG Systems International Inc)
Right of Contribution. Each Subsidiary The Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor (including the Guarantor) who 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 3.6. The provisions of this Section 10.3 2.3 shall in no respect limit the obligations and liabilities of each Subsidiary the Guarantor to the Trustee and the Holders and each Subsidiary the Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary the Guarantor hereunder.
Appears in 3 contracts
Samples: Indenture (Nebraska Book Co), Indenture (NBC Acquisition Corp), Subsidiary Guarantee (Nebraska Book Co)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who 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 10.04. The provisions of this Section 10.3 10.10 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee Administrative Agent and the Holders Lenders, and each Subsidiary Guarantor shall remain liable to the Trustee Administrative Agent and the Holders Lenders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Senior Secured Loan Agreement (Nielsen Holdings B.V.), Senior Secured Loan Agreement (Nielsen Holdings B.V.), Senior Secured Loan Agreement (Nielsen CO B.V.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who 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 3.6. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Indenture (General Maritime Corp/), Indenture (Russell Corp), Indenture (Jiffy Lube International Inc)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who 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 3.6. The provisions of this Section 10.3 11.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 3 contracts
Samples: Indenture (Selfix Inc /De/), Indenture (NBC Acquisition Corp), Indenture (Nebraska Book Co)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any such Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the its Subsidiary GuaranteesGuaranty, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Indenture (Reddy Ice Holdings Inc), Indenture (Reddy Ice Holdings Inc)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company Issuers, or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Indenture (Mirant Corp), Indenture (Stewart & Stevenson LLC)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company Company, or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 1403 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Senior Indenture (EAM Corp), Senior Indenture (Domtar Paper Company, LLC)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor hereunder who 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 5 hereof. The provisions of this Section 10.3 3 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee and the Holders Bank, and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders Bank for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 9.03 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company Company, or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 11.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Indenture (Gibraltar Industries, Inc.), Indenture (Gibraltar Industries, Inc.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company Company, or any other Subsidiary Guarantor who that has not paid its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Indenture (Ryerson Tull Inc /De/), Indenture (J.M. Tull Metals Company, Inc.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who 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 2.06. The provisions of this Section 10.3 2.08 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Sjit Inc), Securities Purchase Agreement (NPR Inc)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 9.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders Holders, and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who 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 2.03. The provisions of this Section 10.3 2.02 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee and the Holders Secured Parties, and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Roundy's, Inc.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Notes Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company Issuers or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders Holders, and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Indenture (Quiksilver Inc)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 2.5 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Indenture (Smithfield Foods Inc)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Indenture (Triangle Petroleum Corp)
Right of Contribution. Each Subsidiary Guarantor hereby agrees (to the extent lawful) that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations Obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect (to the extent lawful) limit the obligations Obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain (to the extent lawful) liable to the Trustee and the Holders for the full amount guaranteed Guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Indenture (Lee Enterprises, Inc)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor hereunder who 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 10.6. The provisions of this Section 10.3 10.5 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Indenture (Doane Pet Care Co)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who 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 4. The provisions of this Section 10.3 3 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee and the Holders Guaranteed Parties, and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders Guaranteed Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who 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 7.04. The provisions of this Section 10.3 7.10 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee and the Holders Lender, and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders Lender for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Third Lien Credit Agreement (Delta Tucker Holdings, Inc.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company Company, GUSAP Partners or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Indenture (Gerdau Usa Inc)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company Issuer or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 14.04 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders Noteholders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders Noteholders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Indenture (Ventas Inc)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor hereunder who 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 10.6. The provisions of this Section 10.3 10.5 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Indenture (Doane Pet Care Co)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, 103 such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company Company, or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Indenture (Argo Tech Corp)
Right of Contribution. Each Subject to Section 9.4 below, each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 9.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders Holders, and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who 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 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee and the Holders Fixed Rate Note Holders, and each Subsidiary Guarantor shall remain liable to the Trustee and the Fixed Rate Note Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Credit Agreement (InfraREIT, Inc.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any that makes a payment made on the obligations under the Subsidiary Guarantees shall be entitled, upon payment in full of all obligations under the Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive a contribution from and against the Company or any each other Subsidiary Guarantor who has not paid its proportionate share in an amount equal to such other Subsidiary Guarantor’s pro rata portion of such paymentpayment based on the respective net assets of all the Subsidiary Guarantors at the time of such payment determined in accordance with GAAP. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any that makes a payment made on the obligations under the Subsidiary Guarantees shall be entitled, upon payment in full of all obligations under the Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive a contribution from and against the Company or any each other Subsidiary Guarantor who has not paid its proportionate share in an amount equal to such other Subsidiary Guarantor’s pro rata portion of such paymentpayment based on the respective net assets of all the Subsidiary Guarantors at the time of such payment determined in accordance with GAAP. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders Holders, and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company Issuers or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full fill amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Indenture (Colt Finance Corp.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who hereunder which has not paid its proportionate share of such payment. The provisions of this Section 10.3 10.10 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee Agent and the Holders Holders, and each Subsidiary Guarantor shall remain liable to the Trustee Agent and the Holders for the full amount guaranteed Guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Note Purchase Agreement (Riley Exploration Permian, Inc.)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who 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 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee and the Holders Secured Parties, and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Dobson Communications Corp)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any such Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the its Subsidiary GuaranteesGuarantee, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company Issuer or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who 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 10.3 2.2 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee and the Holders Secured Parties, and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders Secured Parties for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Credit Agreement (Donnelley R H Inc)
Right of Contribution. Each Subsidiary Guarantor Guarantors hereby agrees agree that to the extent that any Subsidiary Guarantor Guarantors shall have paid more than its proportionate share of any payment made on the obligations under the hereunder, Subsidiary Guarantees, such Subsidiary Guarantor Guarantors shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who guarantor which has not paid its proportionate share of such payment. Subsidiary Guarantors’ right of contribution shall be subject to the terms and conditions of Section 16.3. The provisions of this Section 10.3 16.2 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor Guarantors to the Trustee Agent, and the Holders and each Subsidiary Guarantor Guarantors shall remain liable to the Trustee and the Holders Lender for the full amount guaranteed by such Subsidiary Guarantor Guarantors hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any a Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guaranteeshereunder, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Subsidiary Guarantor who hereunder which has not paid its proportionate share of such payment. The provisions of this Section 10.3 10.10 shall in no respect limit the obligations and liabilities of each any Subsidiary Guarantor to the Trustee Agent and the Holders Holders, and each Subsidiary Guarantor shall remain liable to the Trustee Agent and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company Parent or the Subsidiary Issuer or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 2.2(c) shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Securities Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company Company, or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 11.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Notes Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company Issuers or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 13.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders Holders, and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Indenture (Quiksilver Inc)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any that makes a payment made on the obligations under the Subsidiary Guarantees shall be entitled, upon payment in full of all obligations under the Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive a contribution from and against the Company or any each other Subsidiary Guarantor who has not paid its proportionate share in an amount equal to such other Subsidiary Guarantor’s pro rata portion of such paymentpayment based on the respective net assets of all the Subsidiary Guarantors at the time of such payment determined in accordance with GAAP. The provisions of this Section 10.3 10.03 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
Samples: Indenture (Radioshack Corp)
Right of Contribution. Each Subsidiary Guarantor hereby agrees that to the extent that any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made on the obligations under the Subsidiary Note Guarantees, such Subsidiary Guarantor shall be entitled to seek and receive contribution from and against the Company Issuers or any other Subsidiary Guarantor who has not paid its proportionate share of such payment. The provisions of this Section 10.3 shall in no respect limit the obligations and liabilities of each Subsidiary Guarantor to the Trustee and the Holders and each Subsidiary Guarantor shall remain liable to the Trustee and the Holders for the full amount guaranteed by such Subsidiary Guarantor hereunder.
Appears in 1 contract
