Common use of Contribution with Respect to Guaranty Obligations Clause in Contracts

Contribution with Respect to Guaranty Obligations. To the extent that any Issuer shall make a payment under this Section 9 of all or any of the Liabilities (other than Loans made directly to that Issuer) (a "Guarantor Payment") that exceeds the amount such Issuer would otherwise have paid if each Issuer had paid the aggregate Liabilities satisfied by such Guarantor Payment in the same proportion that such Issuer's "Allocable Amount" (as defined below) (as determined immediately prior to such Guarantor Payment) bore to the aggregate Allocable Amounts of each of the Issuers as determined immediately prior to the making of such Guarantor Payment, then, following indefeasible payment in full in cash of the Liabilities and termination of the Commitments) such Issuer shall be entitled to receive contribution and indemnification payments from, and be reimbursed by, each other Issuer for the amount of such excess, pro rata based upon their respective Allocable Amounts in effect immediately prior to such Guarantor Payment. As of any date of determination, the "Allocable Amount" of any Issuer shall be equal to the maximum amount of the claim that could then be recovered from such Issuer under this Section 9.7 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law. This Section

Contribution with Respect to Guaranty Obligations. To the extent that any Issuer either Borrower shall make a payment under this Section 9 11 of all or any of the Liabilities (other than Loans made directly to that Issuersuch Borrower for which such Borrower is primarily liable) (a "Guarantor Payment") that which, taking into account all other Guarantor Payments then previously or concurrently made by the other Loan Parties, exceeds the amount which such Issuer Borrower would otherwise have paid if each Issuer Borrower had paid the aggregate Liabilities Obligations satisfied by such Guarantor Payment in the same proportion that such IssuerBorrower's "Allocable Amount" (as defined below) (as determined immediately prior to such Guarantor Payment) bore to the aggregate Allocable Amounts of each of the Issuers Borrower as determined immediately prior to the making of such Guarantor Payment, then, following indefeasible payment in full in cash of the Liabilities and termination of the Commitments) ---- commitments of the Lender hereunder, such Issuer Borrower shall be entitled to receive contribution and indemnification payments from, and be reimbursed by, each the other Issuer Borrower for the amount of such excess, pro rata based upon their --- ---- respective Allocable Amounts in effect immediately prior to such Guarantor Payment. As of any date of determination, the "Allocable Amount" of any Issuer shall be equal to the maximum amount of the claim that could then be recovered from such Issuer under this Section 9.7 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law. This Section.