Common use of Subrogation and Contribution Clause in Contracts

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuers under this Article, the Guaranteeing Subsidiary will be subrogated to the rights of the payee against the Issuers with respect to such obligation, provided that the Guaranteeing Subsidiary 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 (including any Guaranteeing Subsidiary), with respect to such payment so long as any amount payable by the Issuers hereunder or under the Notes remains unpaid.

Appears in 4 contracts

Samples: Indenture (Foresight Energy LP), Indenture (Foresight Energy LP), Indenture (Foresight Energy Partners LP)

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Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuers Company under this Article, the Guaranteeing Subsidiary will be subrogated to the rights of the payee against the Issuers Company with respect to such obligation, provided that the Guaranteeing Subsidiary 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 (including any Guaranteeing Subsidiary), with respect to such payment so long as any amount payable by the Issuers Company hereunder or under the Notes remains unpaid.

Appears in 4 contracts

Samples: Indenture (Armstrong Coal Company, Inc.), Fourth Supplemental Indenture (Armstrong Energy, Inc.), Second Supplemental Indenture (Armstrong Energy, Inc.)

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

Appears in 3 contracts

Samples: Indenture (Energy Resources Rail LLC), Indenture (Enrestechnology LLC), Indenture (Enrestechnology LLC)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuers Company under this Article, the Guaranteeing Subsidiary will Guarantor making such payment shall be subrogated to the rights of the payee against the Issuers Company with respect to such obligation, provided that the Guaranteeing Subsidiary 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 (including any Guaranteeing Subsidiary)Subsidiary Guarantor, with respect to such payment so long as any amount payable by the Issuers Company hereunder or under the Notes remains unpaid.

Appears in 3 contracts

Samples: Indenture (Kodiak Oil & Gas Corp), Indenture (Kodiak Oil & Gas Corp), Indenture (Kodiak Oil & Gas Corp)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuers Company under this ArticleArticle 10, the Guaranteeing Subsidiary will Guarantor making such payment shall be subrogated to the rights of the payee against the Issuers Company with respect to such obligation, ; provided that the Guaranteeing Subsidiary 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 (including any Guaranteeing Subsidiary)Subsidiary Guarantor, with respect to such payment so long as any amount payable by the Issuers Company hereunder or under the Notes remains unpaid.

Appears in 3 contracts

Samples: Indenture (Bright Scholar Education Holdings LTD), Indenture (eHi Car Services LTD), Indenture (eHi Car Services LTD)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuers Company under this Article, the Guaranteeing Subsidiary Guarantor making such payment will be subrogated to the rights of the payee against the Issuers Company with respect to such obligation, ; provided that the Guaranteeing Subsidiary 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 (including any Guaranteeing Subsidiary)Subsidiary Guarantor, with respect to such payment so long as any amount payable by the Issuers Company hereunder or under the Notes remains unpaid.

Appears in 1 contract

Samples: Indenture (China XD Plastics Co LTD)

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Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuers under this Article, the each Guaranteeing Subsidiary will be subrogated to the rights of the payee against the Issuers with respect to such obligation, provided that the each Guaranteeing Subsidiary 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 (including any Guaranteeing Subsidiary), with respect to such payment so long as any amount payable by the Issuers hereunder or under the Notes remains unpaid.

Appears in 1 contract

Samples: Supplemental Indenture (Foresight Energy Partners LP)

Subrogation and Contribution. Upon making any payment with respect to any obligation of the Issuers under this Article, the Guaranteeing Subsidiary will be subrogated to the rights of the payee against the Issuers with respect to such obligation, provided that the Guaranteeing Subsidiary 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 (including any the Guaranteeing Subsidiary), with respect to such payment so long as any amount payable by the Issuers hereunder or under the Notes remains unpaid.

Appears in 1 contract

Samples: Supplemental Indenture (Foresight Energy Partners LP)

Subrogation and Contribution. Upon making any payment with respect to any obligation Obligation of the Issuers Company under this ArticleArticle 13, the Guaranteeing each Subsidiary Guarantor will be subrogated to the rights of the payee against the Issuers Company with respect to such obligation, obligation provided that the Guaranteeing no Subsidiary 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 (including any Guaranteeing Subsidiary)Subsidiary Guarantor, with respect to such payment so long as any amount payable by the Issuers Company hereunder or under the Notes Securities remains unpaid.

Appears in 1 contract

Samples: Indenture (Evergreen Energy Inc)

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