Common use of Subrogation and Contribution Clause in Contracts

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this Article, any Guarantor making such payment shall be subrogated to the rights of the payee against the Issuer with respect to such obligation; provided that any such Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes remains unpaid.

Appears in 13 contracts

Samples: Indenture, Indenture, Indenture

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Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this ArticleArticle X, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; , provided that any such the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes remains unpaid.

Appears in 6 contracts

Samples: Supplemental Indenture (Kennedy-Wilson Holdings, Inc.), Supplemental Indenture (Kennedy-Wilson Holdings, Inc.), Supplemental Indenture (Kennedy-Wilson Holdings, Inc.)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer Issuers under this Article, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer Issuers with respect to such obligation; , provided that any such the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer Issuers hereunder or under the Notes remains unpaid.

Appears in 5 contracts

Samples: Indenture (J2 Global, Inc.), Indenture (Tower Automotive, LLC), Indenture (Cloud Peak Energy Inc.)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this Article, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; , provided that any such Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes remains unpaid.

Appears in 5 contracts

Samples: Indenture (Spansion Inc.), Indenture (Spansion Inc.), Indenture (Spansion Inc.)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this Article, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; provided provided, that any such the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes remains unpaid.

Appears in 4 contracts

Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this Article, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; provided provided, however, that the Guarantor shall not be entitled to enforce, or to receive any payments arising out of or based upon, such Guarantor may not enforce either any right of subrogationsubrogation until the principal of, or any right to receive payment in the nature of contributionpremium and interest on, or otherwise, from and any other Guarantor, Additional Amounts required with respect to such payment so long as any amount payable by to, all Securities of the Issuer hereunder or under the Notes remains unpaidrelevant series shall have been paid in full.

Appears in 4 contracts

Samples: Subordinated Indenture (Prudential Funding (Asia) PLC), Senior Indenture (Prudential Funding (Asia) PLC), Senior Indenture

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this Article, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; provided that any such Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes remains unpaid.

Appears in 4 contracts

Samples: Indenture (Azul Sa), Indenture (Azul Sa), Indenture (Azul Sa)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this ArticleArticle 10, any the Note Guarantor making such payment shall be subrogated to the rights of the payee against the Issuer with respect to such obligation; provided provided, however, that any such the Note Guarantor may not enforce either any right of subrogation, subrogation or any right to receive payment in the nature of contribution, or otherwise, from any other Note Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes remains unpaid.

Appears in 4 contracts

Samples: Indenture (Enduro SpA), Indenture (Emeco Parts Pty LTD), Indenture (Emeco Parts Pty LTD)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this Article, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; provided that any such Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes remains unpaid.

Appears in 3 contracts

Samples: Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this ArticleArticle 10, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; , provided that any such the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes remains unpaid.

Appears in 3 contracts

Samples: Indenture (Nuance Communications, Inc.), Indenture (Nuance Communications, Inc.), Indenture (Nuance Communications, Inc.)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this ArticleArticle 10, any the Guarantor making such payment shall be subrogated to the rights of the payee against the Issuer with respect to such obligation; provided that any such the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes remains unpaid.

Appears in 3 contracts

Samples: Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this Article, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; , provided that any such Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes Securities remains unpaid.

Appears in 2 contracts

Samples: Indenture (NBCUniversal Media, LLC), Indenture (Comcast Corp)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this ArticleARTICLE VII, any each paying Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; provided that any such Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes remains unpaid.

Appears in 2 contracts

Samples: Indenture (Auna S.A.), Indenture (Auna S.A.A.)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer Issuers under this ArticleArticle 10, any the Guarantor making such payment shall be subrogated to the rights of the payee against the Issuer Issuers with respect to such obligation; provided that any such the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer Issuers hereunder or under the Notes remains unpaid.

Appears in 2 contracts

Samples: Indenture (MARRIOTT VACATIONS WORLDWIDE Corp), Indenture (MARRIOTT VACATIONS WORLDWIDE Corp)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this Article, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; provided , PROVIDED that any such the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes remains unpaid.

Appears in 2 contracts

Samples: Indenture (Hovnanian Enterprises Inc), Indenture (Hovnanian Enterprises Inc)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this ArticleIssuer, any each paying Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer and the other Guarantors with respect to such obligation; provided provided, that such paying Guarantor shall not be entitled to enforce, or to receive any payments arising out of or based upon, such Guarantor may not enforce either any right of subrogationsubrogation until the principal of (and premium, or any right to receive payment in the nature of contributionif any) interest, or otherwise, from Additional Amounts on all Notes and any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or amounts due under the Notes remains unpaidthis Indenture shall have been paid in full.

Appears in 2 contracts

Samples: Indenture (Camposol Holding PLC), Indenture (Camposol Holding PLC)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this Article, any the Guarantor making such payment shall be subrogated to the rights of the payee against the Issuer with respect to such obligation; provided that any such the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes remains unpaid.

Appears in 2 contracts

Samples: Indenture, Indenture

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this ArticleArticle 5, any the Guarantor making such payment shall be subrogated to the rights of the payee against the Issuer with respect to such obligation; provided that any such the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes remains unpaid.

Appears in 1 contract

Samples: First Supplemental Indenture (Hovnanian Enterprises Inc)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this ArticleARTICLE VII, any each paying Subsidiary Guarantor making such payment shall be subrogated to the rights of the payee against the Issuer with respect to such obligation; provided provided, however, that such Subsidiary Guarantor shall not be entitled to enforce, or to receive any payments arising out of or based upon, such Guarantor may not enforce either any right of subrogationsubrogation until the principal of and premium, or any right to receive payment in the nature of contributionif any, or otherwiseinterest, from Additional Amounts on all Notes and any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or amounts due under the Notes remains unpaidthis Indenture shall have been paid in full.

Appears in 1 contract

Samples: Indenture (Cementos Pacasmayo Saa)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this ArticleArticle 10 of the Indenture, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; , provided that any such the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder under the Indenture or under the Notes remains unpaid.

Appears in 1 contract

Samples: Indenture (GeoPark LTD)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this ArticleArticle VII, any each paying Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; provided that any such Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes remains unpaid.

Appears in 1 contract

Samples: Indenture (Auna S.A.)

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Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this Article, any each paying Note Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; provided provided, however, that such Note Guarantor shall not be entitled to enforce, or to receive any payments arising out of or based upon, such Guarantor may not enforce either any right of subrogationsubrogation until the principal of (and premium, or any right to receive payment in the nature of contributionif any) interest, or otherwise, from Additional Amounts on all Notes and any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or amounts due under the Notes remains unpaidthis Indenture shall have been paid in full.

Appears in 1 contract

Samples: Indenture (Gran Tierra Energy Inc.)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer Issuers under this ArticleArticle 10, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer Issuers with respect to such obligation; , provided that any such the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer Issuers hereunder or under the Notes remains unpaid.

Appears in 1 contract

Samples: Indenture (Diamond Offshore Drilling, Inc.)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer Issuers under this Article‎Article 10, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer Issuers with respect to such obligation; , provided that any such the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer Issuers hereunder or under the Notes remains unpaid.

Appears in 1 contract

Samples: Indenture (Valaris LTD)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this ArticleArticle 11, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; provided that any such Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes remains unpaid.

Appears in 1 contract

Samples: Indenture (Equinix Europe 2 Financing Corp LLC)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this Article, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; , provided that any such the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes Securities remains unpaid.

Appears in 1 contract

Samples: Supplemental Indenture (Vitro Sa De Cv)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this Article, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; , provided that any such Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes Securities remains unpaid.. 63

Appears in 1 contract

Samples: Indenture (Comcast Corp)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Substituted Issuer under this Article, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Substituted Issuer with respect to such obligation; , provided that any such the Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, subrogation with respect to such payment so long as any amount payable by the Substituted Issuer hereunder or under the Notes remains unpaid.

Appears in 1 contract

Samples: Third Supplemental Indenture (Cosan S.A.)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this Article‎ARTICLE VII, any each paying Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; provided that any such Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes remains unpaid.

Appears in 1 contract

Samples: Indenture (Auna S.A.)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this Article, any each paying Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; provided provided, however, that the Guarantor shall not be entitled to enforce, or to receive any payments arising out of or based upon, such Guarantor may not enforce either any right of subrogationsubrogation until the principal of (and premium, or any right to receive payment in the nature of contributionif any) interest, or otherwise, from Additional Amounts on all Notes and any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or amounts due under the Notes remains unpaidthis Indenture shall have been paid in full.

Appears in 1 contract

Samples: Indenture (Venezuelan National Petroleum Co)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this Article, any each paying Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer and the other Guarantors with respect to such obligation; provided provided, that such paying Guarantor shall not be entitled to enforce, or to receive any payments arising out of or based upon, such Guarantor may not enforce either any right of subrogationsubrogation until the principal of (and premium, or any right to receive payment in the nature of contributionif any) interest, or otherwise, from Additional Amounts on all New Notes and any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or amounts due under the Notes remains unpaidthis Indenture shall have been paid in full.

Appears in 1 contract

Samples: Indenture (Camposol Holding PLC)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this Article, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; provided provided, however, that the Guarantor shall not be entitled to enforce, or to receive any payments arising out of or based upon, such Guarantor may not enforce either any right of subrogationsubrogation until the principal of (and premium, or any right to receive payment if any) and interest on all Notes of the relevant series shall have been paid in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes remains unpaidfull.

Appears in 1 contract

Samples: Indenture (CSN Islands IX Corp.)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this Articlepursuant to its Note Guarantee, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; , provided that any such no Guarantor may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder or under the Notes remains unpaid.

Appears in 1 contract

Samples: Indenture (GeoPark LTD)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuer under this Article, any the Guarantor making such payment shall will be subrogated to the rights of the payee against the Issuer with respect to such obligation; , provided that any such Guarantor the Issuer may not enforce either any right of subrogation, or any right to receive payment in the nature of contribution, or otherwise, from any other Guarantor, with respect to such payment so long as any amount payable by the Issuer hereunder under the Indenture or under the Notes such Securities remains unpaid.

Appears in 1 contract

Samples: Supplemental Indenture (Comcast Corp)

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