Common use of Right of Subrogation and Contribution Clause in Contracts

Right of Subrogation and Contribution. If any Guarantor makes a payment in respect of the Obligations, it shall be subrogated to the rights of the Lender Parties against the Borrower with respect to such payment and shall have the rights of contribution against the other Guarantors as set forth in this Section 2.9; provided that such Guarantor shall not enforce its rights to any payment by way of subrogation or by exercising its rights of contribution or reimbursement or the right to participate in any security or Collateral now or hereafter held by or for the benefit of the Lender Parties until the Obligations have been unconditionally and irrevocably paid in full and are not subject to disgorgement in bankruptcy or otherwise. Each Guarantor agrees that if after all the Obligations have been paid in full its then current Net Payments are less than the amount of its then current Contribution Obligation, such Guarantor shall pay to the other Guarantors an amount (together with any payments required of the other Guarantors by this Section 2.9) such that the Net Payments made by all Guarantors in respect of the Obligations shall be shared among all of the Guarantors in proportion to their respective Contribution Percentage.

Appears in 2 contracts

Samples: Canadian Revolving Credit Agreement (Brown Tom Inc /De), u.s. Revolving Credit Agreement (Brown Tom Inc /De)

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Right of Subrogation and Contribution. If any Guarantor makes a payment in respect of the ObligationsLiabilities, it shall be subrogated to the rights of the Lender Parties Noteholders against the Borrower with respect to such payment and shall have the rights of contribution against the other Subsidiary Guarantors as set forth in this Section 2.92.9 of the Subsidiary Guarantors' Guaranty Agreements; provided that such Guarantor shall not enforce its rights to any payment by way of subrogation or by exercising its rights of contribution or reimbursement or the right to participate in any security or Collateral now or hereafter held by or for the benefit of the Lender Parties Noteholders until the Obligations Liabilities have been unconditionally and irrevocably paid in full and are not subject to disgorgement in bankruptcy or otherwisefull. Each The Guarantor agrees that if after all the Obligations Liabilities have been paid in full that if its then current Net Payments are less than the amount of its then current Contribution Obligation, such Guarantor shall pay to the other Subsidiary Guarantors an amount (together with any payments required of the other Subsidiary Guarantors by this Section 2.92.9 of each other Guaranty Agreement) such that the Net Payments made by all Subsidiary Guarantors in respect of the Obligations Liabilities shall be shared among all of the Subsidiary Guarantors in proportion to their respective Contribution Percentage.

Appears in 1 contract

Samples: Indenture (Brigham Holdings Ii LLC)

Right of Subrogation and Contribution. If any Guarantor makes a payment in respect of the Obligations, it shall be subrogated to the rights of the Lender Parties against the Borrower Borrowers with respect to such payment and shall have the rights of contribution against the other Guarantors as set forth in this Section 2.9; provided that such Guarantor shall not enforce its rights to any payment by way of subrogation or by exercising its rights of contribution or reimbursement or the right to participate in any security or Collateral now or hereafter held by or for the benefit of the Lender Parties until the Obligations have been unconditionally and irrevocably paid in full and are not subject to disgorgement in bankruptcy or otherwise. Each Guarantor agrees that if after all the Obligations have been paid in full its then current Net Payments are less than the amount of its then current Contribution Obligation, such Guarantor shall pay to the other Guarantors an amount (together with any payments required of the other Guarantors by this Section 2.9) such that the Net Payments made by all Guarantors in respect of the Obligations shall be shared among all of the Guarantors in proportion to their respective Contribution Percentage.

Appears in 1 contract

Samples: Canadian Revolving Credit Agreement (Brown Tom Inc /De)

Right of Subrogation and Contribution. If any Guarantor makes a payment in respect of the ObligationsLiabilities, it shall be subrogated to the rights of the Lender Parties Trustee against the Borrower with respect to such payment and shall have the rights of contribution against the other Subsidiary Guarantors as set forth in this Section 2.92.9 of the Subsidiary Guarantors' Guaranty Agreements; provided that such Guarantor shall not enforce its rights to any payment by way of subrogation or by exercising its rights of contribution or reimbursement or the right to participate in any security or Collateral now or hereafter held by or for the benefit of the Lender Parties Trustee, Agent or any of the Noteholders until the Obligations Liabilities have been unconditionally and irrevocably paid in full and are not subject to disgorgement in bankruptcy or otherwisefull. Each The Guarantor agrees that if after all the Obligations Liabilities have been paid in full that if its then current Net Payments are less than the amount of its then current Contribution Obligation, such Guarantor shall pay to the other Subsidiary Guarantors an amount (together with any payments required of the other Subsidiary Guarantors by this Section 2.92.9 of each other Guaranty Agreement) such that the Net Payments made by all Subsidiary Guarantors in respect of the Obligations Liabilities shall be shared among all of the Subsidiary Guarantors in proportion to their respective Contribution Percentage.

Appears in 1 contract

Samples: Guaranty Agreement (Brigham Exploration Co)

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Right of Subrogation and Contribution. If any Guarantor makes a payment in respect of the ObligationsLiabilities, it shall be subrogated to the rights of the Lender Parties against the Borrower with respect to such payment and shall have the rights of contribution against the other Guarantors as set forth in this Section 2.9; provided that such Guarantor shall not enforce its rights to any payment by way of subrogation or by exercising its rights of contribution or reimbursement or the right to participate in any security or Collateral now or hereafter held by or for the benefit of the Lender Parties until the Obligations Liabilities have been unconditionally and irrevocably paid in full and are not subject to disgorgement in bankruptcy or otherwisefull. Each Guarantor agrees that if after all the Obligations Liabilities have been paid in full that if its then current Net Payments are less than the amount of its then current Contribution Obligation, such Guarantor shall pay to the other Guarantors an amount (together with any payments required of the other Guarantors by this Section 2.9) such that the Net Payments made by all Guarantors in respect of the Obligations Liabilities shall be shared among all of the Guarantors in proportion to their respective Contribution PercentagePercentages.

Appears in 1 contract

Samples: Credit Agreement (York Group Inc \De\)

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