Rights of Contribution. The Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 shall be subordinate and subject in right of payment to the Obligations until such time as the Obligations have been paid-in-full and the Commitments have terminated, and none of the Guarantors shall exercise any right or remedy under this Section 10.06 against any other Guarantor until such Obligations have been paid-in-full and the Commitments have terminated. For purposes of this Section 10.06, (a) “
Appears in 46 contracts
Samples: Credit Agreement (Newmark Group, Inc.), Credit Agreement (Coeur Mining, Inc.), Delayed Draw Term Loan Credit Agreement (Newmark Group, Inc.)
Rights of Contribution. The Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 4.06 shall be subordinate and subject in right of payment to the Obligations until such time as the Obligations have been paid-in-full and the Commitments have terminated, and none of the Guarantors shall exercise any right or remedy under this Section 10.06 4.06 against any other Guarantor until such Obligations have been paid-in-full and the Commitments have terminated. For purposes of this Section 10.064.06, (a) “
Appears in 12 contracts
Samples: Credit Agreement (Dycom Industries Inc), Credit Agreement (Shiloh Industries Inc), Fourth Amended and Restated Credit Agreement (Cantel Medical Corp)
Rights of Contribution. The Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 4.06 shall be subordinate and subject in right of payment to the Obligations until such time as the Obligations (other than contingent obligations for which no claim has been asserted) have been paid-in-full and the Commitments have terminated, and none of the Guarantors shall exercise any right or remedy under this Section 10.06 4.06 against any other Guarantor until such Obligations have been paid-in-full and the Commitments have terminated. For purposes of this Section 10.064.06, (a) “
Appears in 10 contracts
Samples: Credit Agreement (Lamb Weston Holdings, Inc.), Credit Agreement (Lamb Weston Holdings, Inc.), Credit Agreement (Lamb Weston Holdings, Inc.)
Rights of Contribution. The Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s 's Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 4.06 shall be subordinate and subject in right of payment to the Obligations until such time as the Obligations have been paid-in-full and the Commitments have terminated, and none of the Guarantors shall exercise any right or remedy under this Section 10.06 4.06 against any other Guarantor until such Obligations have been paid-in-full and the Commitments have terminated. For purposes of this Section 10.064.06, (a) “
Appears in 8 contracts
Samples: Superpriority Secured Debtor in Possession Credit Agreement (FTD Companies, Inc.), Credit Agreement (Cantel Medical Corp), Credit Agreement (Shiloh Industries Inc)
Rights of Contribution. The Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s 's Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 4.06 shall be subordinate and subject in right of payment to the Obligations until such time as the Obligations have been paid-in-paid in full and the Commitments have expired or terminated, and none of the Guarantors shall exercise any right or remedy under this Section 10.06 4.06 against any other Guarantor until such Obligations have been paid-in-paid in full and the Commitments have expired or terminated. For purposes of this Section 10.064.06, (a) “"
Appears in 6 contracts
Samples: Credit Agreement (BHC Meadows Partner Inc), Credit Agreement (Serologicals Corp), Credit Agreement (Per Se Technologies Inc)
Rights of Contribution. The Subject to Section 4.09, the Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 4.06 shall be subordinate and subject in right of payment to the Obligations until such time as the Obligations have been paid-in-paid in full and the Commitments have expired or terminated, and none of the Guarantors shall exercise any right or remedy under this Section 10.06 4.06 against any other Guarantor until such Obligations have been paid-in-paid in full and the Commitments have expired or terminated. For purposes of this Section 10.064.06, (a) “
Appears in 3 contracts
Samples: Abl Credit Agreement (Ardent Health Partners, LLC), Amendment and Restatement Agreement (Ardent Health Partners, LLC), Abl Credit Agreement (Ardent Health Partners, LLC)
Rights of Contribution. The Subject to Section 4.08, the Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 4.06 shall be subordinate and subject in right of payment to the Obligations until such time as the Obligations have been paid-in-paid in full and the Commitments have expired or terminated, and none of the Guarantors shall exercise any right or remedy under this Section 10.06 4.06 against any other Guarantor until such Obligations have been paid-in-paid in full and the Commitments have expired or terminated. For purposes of this Section 10.064.06, (a) “
Appears in 3 contracts
Samples: Term Loan Credit Agreement (Ardent Health Partners, LLC), Term Loan Credit Agreement (Ardent Health Partners, LLC), Term Loan Credit Agreement (Ardent Health Partners, LLC)
Rights of Contribution. The Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 10.6 shall be subordinate and subject in right of payment to the Obligations until such time as the Obligations have been paid-in-full and the Commitments have terminated, and none of the Guarantors shall exercise any right or remedy under this Section 10.06 10.6 against any other Guarantor until such Obligations have been paid-in-full and the Commitments have terminated. For purposes of this Section 10.0610.6, (a) “
Appears in 3 contracts
Samples: Senior Secured Super Priority Debtor in Possession Credit Agreement, Senior Secured Super Priority Debtor in Possession Credit Agreement (Aralez Pharmaceuticals Inc.), Senior Secured Super Priority Debtor in Possession Credit Agreement (Adeptus Health Inc.)
Rights of Contribution. The Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s 's Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 4.06 shall be subordinate and subject in right of payment to the Obligations until such time as the Obligations have been paid-in-paid in full and the all Commitments and outstanding Letters of Credit have expired or terminated, and none of the Guarantors shall exercise any right or remedy under this Section 10.06 4.06 against any other Guarantor until such Obligations have been paid-in-paid in full and the all Commitments and outstanding Letters of Credit have expired or terminated. For purposes of this Section 10.06, (a) “4.06:
Appears in 3 contracts
Samples: Credit Agreement (Petro Stopping Centers L P), Credit Agreement (Petro Financial Corp), Credit Agreement (Petro Stopping Centers Holdings Lp)
Rights of Contribution. The Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 4.06 shall be subordinate and subject in right of payment to the Obligations until such time as the Obligations have been paid-in-paid in full and the Commitments have expired or terminated, and none of the Guarantors shall exercise any right or remedy under this Section 10.06 4.06 against any other Guarantor until such Obligations have been paid-in-paid in full and the Commitments have expired or terminated. For purposes of this Section 10.064.06, (a) “
Appears in 3 contracts
Samples: Bank Credit Agreement (Fresenius Medical Care AG & Co. KGaA), Credit Agreement (Practiceworks Inc), Term Loan Credit Agreement (Fresenius Medical Care AG & Co. KGaA)
Rights of Contribution. The Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s 's Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 3.7 shall be subordinate and subject in right of payment to the Obligations until such time as prior payment in full to the Obligations have been paid-in-full Agent and the Commitments have terminatedBanks of the Guaranteed Obligations (as defined below), and none of the Guarantors shall exercise any right or remedy under this Section 10.06 3.7 against any other Guarantor until payment and satisfaction in full of all of such Obligations have been paid-in-full and the Commitments have terminatedGuaranteed Obligations. For purposes of this Section 10.063.7, (a) “"
Appears in 2 contracts
Samples: Credit Agreement (Anvil Holdings Inc), Credit Agreement (Cottontops Inc)
Rights of Contribution. The Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s 's Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 4.06 shall be subordinate and subject in right of payment to the Obligations until such time as the Obligations have been paid-in-irrevocably paid in full and the Commitments have terminated, and none of the Guarantors shall exercise any right or remedy under this Section 10.06 4.06 against any other Guarantor until such Obligations have been paid-in-irrevocably paid in full and the Commitments have terminated. For purposes of this Section 10.064.06, (a) “
Appears in 2 contracts
Samples: Credit Agreement (Flir Systems Inc), Credit Agreement (Flir Systems Inc)
Rights of Contribution. The Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 11.06 shall be subordinate and subject in right of payment to the Obligations until such time as the Obligations have been paid-in-full and the Commitments have terminated, and none of the Guarantors shall exercise any right or remedy under this Section 10.06 11.06 against any other Guarantor until such Obligations have been paid-in-full and the Commitments have terminated. For purposes of this Section 10.0611.06, (a) “
Appears in 2 contracts
Samples: Credit Agreement (Littelfuse Inc /De), Credit Agreement (Littelfuse Inc /De)
Rights of Contribution. The Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 shall be subordinate and subject in right of payment to the Obligations until such time as the Obligations have been paid-in-full and the Revolving Commitments have terminated, and none of the Guarantors shall exercise any right or remedy under this Section 10.06 against any other Guarantor until such Obligations have been paid-in-full and the Revolving Commitments have terminated. For purposes of this Section 10.06, (a) “
Appears in 1 contract
Samples: Credit Agreement (PRGX Global, Inc.)
Rights of Contribution. The Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s 's Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 4.06 shall be subordinate and subject in right of payment to the Obligations until such time as the Obligations have been paid-in-full and the Commitments have terminated, and none of the Guarantors shall exercise any right or remedy under this Section 10.06 4.06 against any other Guarantor until such Obligations have been paid-in-full and the Commitments have terminated. For purposes of this Section 10.064.06, (a) “"
Appears in 1 contract
Rights of Contribution. The Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 4.6 shall be subordinate and subject in right of payment to the Obligations until such time as the Obligations have been paid-in-paid in full and the Commitments have expired or terminated, and none of the Guarantors shall exercise any right or remedy under this Section 10.06 4.6 against any other Guarantor until such Obligations have been paid-in-paid in full and the Commitments have expired or terminated. For purposes of this Section 10.064.6, (a) “
Appears in 1 contract
Rights of Contribution. The Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s 's Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 shall be subordinate and subject in right of payment to the Obligations until such time as the Obligations (other than Contingent Indemnification Obligations) have been paid-in-full and the Commitments have terminated, and none of the Guarantors shall exercise any right or remedy under this Section 10.06 against any other Guarantor until such Obligations have been paid-in-full and the Commitments have terminated. For purposes of this Section 10.06, (a) “
Appears in 1 contract
Rights of Contribution. The Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 shall be subordinate and subject in right of payment to the Obligations until such time as the Obligations have been paid-in-full (other than contingent obligations for which no claim has been made) and the Commitments have terminated, and none of the Guarantors shall exercise any right or remedy under this Section 10.06 against any other Guarantor until such Obligations have been paid-in-full (other than contingent obligations for which no claim has been made) and the Commitments have terminated. For purposes of this Section 10.06, (a) “
Appears in 1 contract
Samples: Credit Agreement (TrueBlue, Inc.)
Rights of Contribution. The Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s 's Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 4.06 shall be subordinate and subject in right of payment to the Obligations until such time as the Obligations have been paid-in-paid in full and the Revolving Commitments have expired or terminated, and none of the Guarantors shall exercise any right or remedy under this Section 10.06 4.06 against any other Guarantor until such Obligations have been paid-in-paid in full and the Revolving Commitments have expired or terminated. For purposes of this Section 10.064.06, (a) “"
Appears in 1 contract
Rights of Contribution. The Guarantors hereby agree as among themselves that, if any Guarantor shall make an Excess Payment (as defined below), such Guarantor shall have a right of contribution from each other Guarantor in an amount equal to such other Guarantor’s Contribution Share (as defined below) of such Excess Payment. The payment obligations of any Guarantor under this Section 10.06 4.6 shall be subordinate and subject in right of payment to the Obligations until such time as the Obligations have been paid-in-paid in full and the Commitments have expired or terminated, and none of the Guarantors shall exercise any right or remedy under this Section 10.06 against 4.6against any other Guarantor until such Obligations have been paid-in-paid in full and the Commitments have expired or terminated. For purposes of this Section 10.064.6, (a) “
Appears in 1 contract
