Contribution by Guarantors. All Guarantors desire to allocate among themselves (collectively, the “Contributing Guarantors”), in a fair and equitable manner, their obligations arising under this Guaranty. Accordingly, in the event any payment or distribution is made on any date by a Guarantor (a “Funding Guarantor”) under this Guaranty that exceeds its Fair Share as of such date, such Funding Guarantor shall be entitled to a contribution from each of the other Contributing Guarantors in the amount of such other Contributing Guarantor’s Fair Share Shortfall as of such date, with the result that all such contributions will cause each Contributing Guarantor’s Aggregate Payments to equal its Fair Share as of such date. “Fair Share” means, with respect to a Contributing Guarantor as of any date of determination, an amount equal to (a)
Appears in 1 contract
Sources: Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.)
Contribution by Guarantors. All Guarantors desire to allocate among themselves (collectively, the “"Contributing Guarantors”"), in a fair and equitable manner, their obligations arising under this Guaranty. Accordingly, in the event any payment or distribution is made on any date by a Guarantor (a “"Funding Guarantor”") under this Guaranty that exceeds its Fair Share as of such date, such Funding Guarantor shall be entitled to a contribution from each of the other Contributing Guarantors in the amount of such other Contributing Guarantor’s 's Fair Share Shortfall as of such date, with the result that all such contributions will cause each Contributing Guarantor’s 's Aggregate Payments to equal its Fair Share as of such date. “"Fair Share” " means, with respect to a Contributing Guarantor as of any date of determination, an amount equal to (a)) the ratio of (i) the Fair Share Contribution Amount with respect to such Contributing
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Amscan Holdings Inc)
Contribution by Guarantors. All Guarantors desire to allocate among themselves (collectively, the “Contributing Guarantors”"CONTRIBUTING GUARANTORS"), in a fair and equitable manner, their obligations arising under this Guaranty. Accordingly, in the event any payment or distribution is made on any date by a Guarantor (a “Funding Guarantor”"FUNDING GUARANTOR") under this Guaranty that exceeds its Fair Share as of such date, such Funding Guarantor shall be entitled to a contribution from each of the other Contributing Guarantors in the amount of such other Contributing Guarantor’s 's Fair Share Shortfall as of such date, with the result that all such contributions will cause each Contributing Guarantor’s 's Aggregate Payments to equal its Fair Share as of such date. “Fair Share” "FAIR SHARE" means, with respect to a Contributing Guarantor as of any date of determination, an amount equal to (a)) the ratio of (i) the Fair Share Contribution Amount with respect to such
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Veterinary Centers of America Inc)
Contribution by Guarantors. All Guarantors desire to allocate among themselves (collectively, the “Contributing Guarantors”), in a fair and equitable manner, their obligations arising under this Guaranty. Accordingly, in the event any payment or distribution is made on any date by a Guarantor (a “Funding Guarantor”) under this Guaranty that exceeds its Fair Share as of such date, such Funding Guarantor shall be entitled to a contribution from each of the other Contributing Guarantors in the amount of such other Contributing Guarantor’s Fair Share Shortfall as of such date, with the result that all such contributions will cause each Contributing Guarantor’s Aggregate Payments to equal its Fair Share as of such date. “Fair Share” means, with respect to a Contributing Guarantor as of any date of determination, an amount equal to (a)) the ratio of (i) the Fair Share Contribution Amount with respect to such
Appears in 1 contract