Common use of Contribution Amount Clause in Contracts

Contribution Amount. A selling Holder’s “Maximum Contribution Amount” shall equal the excess, if any, of (i) the aggregate proceeds received by such Holder pursuant to the sale of the Registrable Notes giving rise to such indemnification obligation over (ii) the aggregate amount of any damages that such Holder has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission. No person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any Person who was not guilty of such fraudulent misrepresentation. The Holders’ obligations to contribute pursuant to this Section 7(d) are several in proportion to the respective principal amount at maturity of the Registrable Notes held by each Holder hereunder and not joint. The Issuers’ obligations to contribute pursuant to this Section 7(d) are joint and several. The indemnity and contribution agreements contained in this Section 7 are in addition to any liability that the indemnifying parties otherwise may have to the indemnified parties.

Contribution Amount. A selling Holder’s “Maximum Contribution Amount” shall equal the excess, if any, excess of (i) the aggregate proceeds received by such Holder pursuant to the sale of the such Registrable Notes giving rise to such indemnification obligation Securities over (ii) the aggregate amount of any damages that such Holder has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission. No person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any Person who was not guilty of such fraudulent misrepresentation. The Holders’ obligations to contribute pursuant to this Section 7(d6(d) are several in proportion to the respective principal amount at maturity of the Registrable Notes Securities held by each Holder hereunder and not joint. The Issuers’ obligations to contribute pursuant to this Section 7(d) are joint and several. The indemnity and contribution agreements contained in this Section 7 6 are in addition to any liability that the indemnifying parties otherwise Indemnifying Parties may have to the indemnified partiesIndemnified Parties.

Contribution Amount. A selling Holder’s “Maximum Contribution Amount” shall equal the excess, if any, excess of (i) the aggregate proceeds received by such Holder pursuant to the sale of the such Registrable Notes giving rise to such indemnification obligation or Exchange Notes over (ii) the aggregate amount of any damages that such Holder has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission. No person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any Person who was not guilty of such fraudulent misrepresentation. The Holders’ obligations to contribute pursuant to this Section 7(d8(d) are several in proportion to the respective principal amount at maturity of the Registrable Notes held by each Holder hereunder and not joint. The Issuers’ and Guarantors’ obligations to contribute pursuant to this Section 7(d8(d) are joint and several. The indemnity and contribution agreements contained in this Section 7 8 are in addition to any liability that the indemnifying parties otherwise Indemnifying Parties may have to the indemnified partiesIndemnified Parties.