Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors and each Guarantor shall remain liable to the Secured Creditors for the full amount guaranteed by such Guarantor hereunder.
Appears in 7 contracts
Sources: Guarantee Agreement (Durata Therapeutics, Inc.), Guarantee and Collateral Agreement (PNG Ventures Inc), Guarantee and Collateral Agreement (Earth Biofuels Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.032.3. The provisions of this Section 2.02 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Purchasers, and each Guarantor shall remain liable to the Secured Creditors Purchasers for the full amount guaranteed by such Guarantor hereunder.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Access Integrated Technologies Inc), Subordination Agreement (ABX Holdings, Inc.), Subsidiary Guaranty (Access Integrated Technologies Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Purchaser and each Guarantor shall remain liable to the Secured Creditors Purchaser for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Sources: Guarantee and Collateral Agreement, Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (AxoGen, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.0317.7 hereof. The provisions of this Section 2.02 17.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Parties, and each Guarantor shall remain liable to the Secured Creditors Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Sources: Revolving Credit, Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.), Reimbursement, Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.), Reimbursement, Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. this Article X. The provisions of this Section 2.02 10.6 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Trustee and the Holders and each Guarantor shall remain liable to the Secured Creditors Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 5 contracts
Sources: Indenture (Baytex Energy Corp.), Indenture (GFL Environmental Holdings Inc.), Indenture (GFL Environmental Holdings Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.036.03. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors and each Guarantor shall remain liable to the Secured Creditors for the full amount guaranteed by such Guarantor hereunder.Section
Appears in 4 contracts
Sources: Credit Agreement and Security Agreements (TerrAscend Corp.), Credit Agreement and Security Agreements (TerrAscend Corp.), Credit Agreement (Goodness Growth Holdings, Inc.)
Right of Contribution. (a) Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which that has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.032.3. The provisions of this Section 2.02 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Noteholder, and each Guarantor shall remain liable to the Secured Creditors Noteholder for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Sources: Secured Note Agreement (General Motors Co), Secured Note Agreement (General Motors Co), Secured Note Agreement (General Motors Co)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such the Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.032(c). The provisions of this Section 2.02 2(b) shall in no respect limit the obligations and liabilities of any the Guarantor to the Secured Creditors Purchaser, and each Guarantor shall remain liable to the Secured Creditors Purchaser for the full amount guaranteed by such the Guarantor hereunder.
Appears in 4 contracts
Sources: Subsidiary Guarantee (Adamis Pharmaceuticals Corp), Subsidiary Guarantee (Adamis Pharmaceuticals Corp), Subsidiary Guarantee (IdeaEdge, Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.032.3. The provisions of this Section 2.02 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Lender, and each Guarantor shall remain liable to the Secured Creditors Lender for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Sources: Guarantee and Collateral Agreement (Printcafe Software Inc), Guarantee and Collateral Agreement (Printcafe Software Inc), Guarantee and Collateral Agreement (Harman International Industries Inc /De/)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 12.03 shall in no respect limit the obligations and liabilities of any each Guarantor to the Secured Creditors Trustee, the Collateral Agent and the Holders and each Guarantor shall remain liable to the Secured Creditors Trustee, the Collateral Agent and the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Sources: First Supplemental Indenture (Intercept Pharmaceuticals, Inc.), Exchange Agreement (Intercept Pharmaceuticals, Inc.), Subscription Agreement (Intercept Pharmaceuticals, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.032(c). The provisions of this Section 2.02 2(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Purchaser, and each Guarantor shall remain liable to the Secured Creditors Purchaser for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Sources: Subsidiary Guarantee (Viral Genetics Inc /De/), Subsidiary Guarantee (Casita Enterprises, Inc.), Subsidiary Guarantee (Universal Energy Corp.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors and each Guarantor shall remain liable to the Secured Creditors for the full amount guaranteed by such Guarantor hereunder.1.4
Appears in 4 contracts
Sources: Subsidiary Guarantee (Integrated Biopharma Inc), Subsidiary Guarantee (Digital Angel Corp), Subsidiary Guarantee (Integrated Biopharma Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.032.3. The provisions of this Section 2.02 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Administrative Agent, the Lenders and any of the other Secured Creditors Parties, and each Guarantor shall remain liable to the Secured Creditors Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Sources: Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Paperweight Development Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.032(c). The provisions of this Section 2.02 2(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Lender, and each Guarantor shall remain liable to the Secured Creditors Lender for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Sources: Subsidiary Guarantee (Pipeline Data Inc), Subsidiary Guarantee (Universal Property Development & Acquisition Corp), Subsidiary Guarantee (Sonoma College Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.032.3. The provisions of this Section 2.02 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Parties, and each Guarantor shall remain liable to the Secured Creditors Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Sources: Term Loan Agreement (Eddie Bauer Holdings, Inc.), Guarantee and Collateral Agreement (Eddie Bauer Holdings, Inc.), Guarantee and Collateral Agreement (Eddie Bauer Holdings, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.032(c). The provisions of this Section 2.02 2(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Lender, and each Guarantor shall remain liable to the Secured Creditors Lender for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Sources: Subsidiary Guarantee (Universal Property Development & Acquisition Corp), Subsidiary and Affiliate Guarantee (Actiga Corp), Subsidiary Guarantee (Heartland Oil & Gas Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.036.03. The provisions of this Section 2.02 6.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Parties, and each Guarantor shall remain liable to the Secured Creditors Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 4 contracts
Sources: Credit Agreement (Vireo Growth Inc.), Credit Agreement (Vireo Growth Inc.), Credit Agreement (Vireo Health International, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.036.03. The provisions of this Section 2.02 6.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Parties, and each Guarantor shall remain liable to the Secured Creditors Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Sources: Credit Agreement (PARETEUM Corp), Credit Agreement (PARETEUM Corp), Credit Agreement (Elephant Talk Communications Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.0312.07. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Trustee and the Holders and each Guarantor shall remain liable to the Secured Creditors Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Sources: Indenture (Cinemark Usa Inc /Tx), Indenture (Cinemark Holdings, Inc.), Indenture (Cinemark Usa Inc /Tx)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.032(c). The provisions of this Section 2.02 2(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Holders, and each Guarantor shall remain liable to the Secured Creditors Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Sources: Subsidiary Guarantee (Unity Wireless Corp), Subsidiary Guarantee (Aduromed Industries, Inc.), Subsidiary Guarantee (Access Integrated Technologies Inc)
Right of Contribution. Each Guarantor hereby agrees that that, to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Holder, and each Guarantor shall remain liable to the Secured Creditors Holder for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Sources: Subsidiary Guaranty (Digital Recorders Inc), Subsidiary Guaranty (Cover All Technologies Inc), Subsidiary Guaranty (Cover All Technologies Inc)
Right of Contribution. Each Guarantor hereby agrees that that, to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled shall, to seek the extent applicable, have the rights with respect to such amounts set forth in the Indemnity, Subrogation and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such paymentContribution Agreement. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.034 hereof. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Parties, and each Guarantor shall remain liable to the Secured Creditors Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Sources: Guarantee Agreement, Guarantee Agreement (GrafTech Holdings Inc.), Guarantee Agreement (Graftech International LTD)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.034.01. The provisions of this Section 2.02 2.03 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Agent and the Holders, and each Guarantor shall remain liable for the Obligations up to the Secured Creditors for the full amount guaranteed by maximum liability of such Guarantor hereunder.
Appears in 3 contracts
Sources: Securities Purchase Agreement (ObsEva SA), Securities Purchase Agreement (ObsEva SA), Securities Purchase Agreement (ObsEva SA)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.0310.07. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Trustee and the Holders and each Guarantor shall remain liable to the Secured Creditors Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Sources: Indenture (Owens Illinois Inc /De/), Indenture (Owens Illinois Group Inc), Indenture (Owens Illinois Group Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.032.3. The provisions of this Section 2.02 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Security Trustee and the Secured Creditors Parties, and each Guarantor shall remain liable to the Security Trustee and the Secured Creditors Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Sources: Guaranty and Collateral Agreement, Guaranty and Collateral Agreement (Seacor Holdings Inc /New/), Guaranty and Collateral Agreement
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 6.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Secured Creditors Trustee and the Holders and each Guarantor shall remain liable to the Secured Creditors Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Sources: Second Supplemental Indenture (Choice Hotels International Inc /De), First Supplemental Indenture (Choice Hotels International Inc /De), First Supplemental Indenture (Choice Hotels International Services Corp.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.0310.06. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Trustee and the Holders and each Guarantor shall remain liable to the Secured Creditors Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Sources: Indenture (Owens-Illinois Group Inc), Indenture (Owens Illinois Inc /De/), Indenture (Owens-Illinois Group Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Parties and each Guarantor shall remain liable to the Secured Creditors Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Sources: Credit Agreement (Earth Biofuels Inc), Second Lien Guarantee and Collateral Agreement (Spanish Broadcasting System Inc), First Lien Guarantee and Collateral Agreement (Spanish Broadcasting System Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guaranty, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Secured Creditors Trustee and the Holders and each Guarantor shall remain liable to the Secured Creditors Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 3 contracts
Sources: Indenture (FriendFinder Networks Inc.), Indenture (FriendFinder Networks Inc.), Indenture (FriendFinder Networks Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such the Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.032(c). The provisions of this Section 2.02 2(b) shall in no respect limit the obligations and liabilities of any the Guarantor to the Secured Creditors Purchasers, and each Guarantor shall remain liable to the Secured Creditors Purchasers for the full amount guaranteed by such the Guarantor hereunder.
Appears in 2 contracts
Sources: Subsidiary Guarantee (Adamis Pharmaceuticals Corp), Subsidiary Guarantee (Axis Technologies Group Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.0311.4. The provisions of this Section 2.02 11.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Lender and each Guarantor shall remain liable to the Secured Creditors Lender for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Loan and Security Agreement (Five Below, Inc), Loan and Security Agreement (Five Below, Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.032(c). The provisions of this Section 2.02 2(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Purchaser, and each Guarantor shall remain liable to the Secured Creditors Purchaser for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Subsidiary Guarantee (Shea Development Corp.), Subsidiary Guarantee (AtheroNova Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.032.3. The provisions of this Section 2.02 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Lender, and each Guarantor shall remain liable to the Secured Creditors Lender for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Guarantee and Collateral Agreement (Obalon Therapeutics Inc), Guarantee and Collateral Agreement (Pdi Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.032(c). The provisions of this Section 2.02 2(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors any Purchaser, and each Guarantor shall remain liable to the Secured Creditors each Purchaser for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Subsidiary Guarantee (ICP Solar Technologies Inc.), Subsidiary Guarantee (ICP Solar Technologies Inc.)
Right of Contribution. Each Loan Guarantor hereby agrees that to the extent that a Loan Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Loan Guarantor shall be entitled to seek and receive contribution from and against any other Loan Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Loan Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.0315.3. The provisions of this Section 2.02 15.2 shall in no respect limit the obligations and liabilities of any Loan Guarantor to the Secured Creditors Lender, and each Loan Guarantor shall remain liable to the Secured Creditors Lender for the full amount guaranteed by such Loan Guarantor hereunder.
Appears in 2 contracts
Sources: Loan and Security Agreement (Kingsway Financial Services Inc), Loan and Security Agreement (Camping World Holdings, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.0313(e). The provisions of this Section 2.02 13(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Lender, and each Guarantor shall remain liable to the Secured Creditors Lender for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Guarantee and Collateral Agreement (Applied Digital Corp.), Guarantee and Collateral Agreement (Applied Digital Corp.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under its Note Guarantee, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Secured Creditors Trustee and the Holders and each Guarantor shall remain liable to the Secured Creditors Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Indenture (J C Penney Co Inc), Indenture (J C Penney Co Inc)
Right of Contribution. Each Guarantor hereby agrees that that, to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.032(c). The provisions of this Section 2.02 2(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Lender, and each Guarantor shall remain liable to the Secured Creditors Lender for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Guaranty Agreement (Universal Property Development & Acquisition Corp), Guaranty Agreement (Universal Property Development & Acquisition Corp)
Right of Contribution. Each Guarantor hereby Guarantor, by joining herein, agrees that to the extent that a Guarantor shall have paid more than its proportionate share (based on the number of Guarantors) of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.0314.3. The provisions of this Section 2.02 14.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Holders, and each Guarantor shall remain liable to the Secured Creditors Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Note Purchase Agreement (Glori Energy Inc.), Note Purchase Agreement (Glori Energy Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the --------------------- extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.032.3. The provisions of this Section 2.02 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Lender, and each Guarantor shall remain liable to the Secured Creditors Lender for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Guarantee and Collateral Agreement (V I Technologies Inc), Credit Agreement (Lexar Media Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.035 hereof. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Fund, and each Guarantor shall remain liable to the Secured Creditors Fund for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Standby Credit Facility Agreement (Z Tel Technologies Inc), Guarantee Agreement (Z Tel Technologies Inc)
Right of Contribution. Each Guarantor hereby agrees that that, to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder or in respect of the Obligations, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right The provisions of contribution this Section 3 shall be subject to the terms and conditions of Section 2.035. The provisions of this Section 2.02 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Lender, and each Guarantor shall remain liable to the Secured Creditors Lender for the full amount guaranteed by such Guarantor it hereunder.
Appears in 2 contracts
Sources: Corporate Guarantee (Merisel Inc /De/), Corporate Guarantee (Merisel Inc /De/)
Right of Contribution. Each Guarantor hereby agrees that that, to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Guaranteed Creditors, and each Guarantor shall remain liable to the Secured Guaranteed Creditors for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Guaranty Agreement (Exterran Holdings Inc.), Guaranty Agreement (Exterran Partners, L.P.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.032.3. The provisions of this Section 2.02 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Lenders, and each Guarantor shall remain liable to the Secured Creditors Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Subsidiary Guarantee (Appliedtheory Corp), Subsidiary Guarantee (Anc Rental Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any such Guarantor shall will have paid more than its proportionate share of any payment made hereunderon the obligations under its Guarantee, such Guarantor shall will be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder which has who have not paid at least its their proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 shall 10.3 will in no respect limit the obligations and liabilities of any each Guarantor to the Secured Creditors Trustee and the Holders and each Guarantor shall will remain liable to the Secured Creditors Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Indenture (Neiman Marcus Group LTD Inc.), Indenture (Neiman Marcus Group LTD Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled have the rights with respect to seek such amounts set forth in the Indemnity, Subrogation and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such paymentContribution Agreement. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.034 hereof. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Parties, and each Guarantor shall (subject to Section 2(b)) remain liable to the Secured Creditors Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Guarantee Agreement (Ucar International Inc), Subsidiary Guarantee Agreement (Ucar International Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 10.03 shall in no respect limit the obligations and liabilities of any each Guarantor to the Secured Creditors Trustee and the Holders and each Guarantor shall remain liable to the Secured Creditors Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Indenture (Yum Brands Inc), Indenture (Yum Brands Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.034.01. The provisions of this Section 2.02 2.03 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Collateral Agent and the Holders, and each Guarantor shall remain liable for the Obligations up to the Secured Creditors for the full amount guaranteed by maximum liability of such Guarantor hereunder.
Appears in 2 contracts
Sources: Subsidiary Guaranty (Shuttle Pharmaceuticals Holdings, Inc.), Subsidiary Guaranty (Genius Group LTD)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.032.3. The provisions of this Section 2.02 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Parties and each Guarantor shall remain liable to the Secured Creditors Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Guarantee and Collateral Agreement (Osullivan Industries Virginia Inc), Guarantee and Collateral Agreement (Spanish Broadcasting System of Puerto Rico Inc /Pr/)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.031.4 of this Guarantee. The provisions of this Section 2.02 1.3 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Holders, and each Guarantor shall remain liable to the Secured Creditors Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Amendment Agreement (Charys Holding Co Inc), Guarantee (Charys Holding Co Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.037.04. The provisions of this Section 2.02 7.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Lender, and each Guarantor shall remain liable to the Secured Creditors Lender for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Credit Agreement (Kemet Corp), Credit Agreement (Kemet Corp)
Right of Contribution. Each Loan Guarantor hereby agrees that that, to the extent that a Loan Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Loan Guarantor shall be entitled to seek and receive contribution from and against any other Loan Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Loan Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.0314.3. The provisions of this Section 2.02 14.2 shall in no respect limit the obligations and liabilities of any Loan Guarantor to the Secured Creditors Lender, and each Loan Guarantor shall remain liable to the Secured Creditors Lender for the full amount guaranteed by such Loan Guarantor hereunder.
Appears in 2 contracts
Sources: Loan and Security Agreement (Kinsale Capital Group, Inc.), Loan and Security Agreement (Kinsale Capital Group, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.032.3. The provisions of this Section 2.02 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Lenders, and each Guarantor shall remain liable to the Secured Creditors Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Guarantee Agreement (New World Restaurant Group Inc), Parent Guarantee (VCG Holding Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment, but only after the Obligations then due have been satisfied. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.032(c). The provisions of this Section 2.02 2(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Subscribers, and each Guarantor shall remain liable to the Secured Creditors Subscribers for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Subsidiary Guarantee (Oxford Media, Inc.), Subsidiary Guarantee (Oxford Media, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.032(c). The provisions of this Section 2.02 2(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Parties, and each Guarantor shall remain liable to the Secured Creditors Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Subsidiary Guarantee (KeyOn Communications Holdings Inc.), Subsidiary Guarantee (Fearless International, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.038.04. The provisions of this Section 2.02 8.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Lenders, and each Guarantor shall remain liable to the Secured Creditors Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 2 contracts
Sources: Senior Unsecured Bridge Loan Agreement (Allis Chalmers Energy Inc.), Credit Agreement (Geokinetics Inc)
Right of Contribution. Each Guarantor hereby agrees that that, to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.032(c). The provisions of this Section 2.02 2(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Lender, and each Guarantor shall remain liable to the Secured Creditors Lender for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Guaranty Agreement (Universal Property Development & Acquisition Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any 834851 Guarantor to the Secured Creditors Guaranteed Creditors, and each Guarantor shall remain liable to the Secured Guaranteed Creditors for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.032.3. The provisions of this Section 2.02 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Purchaser, and each Guarantor shall remain liable to the Secured Creditors Purchaser for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.032(c). The provisions of this Section 2.02 2(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Purchasers and each Guarantor shall remain liable to the Secured Creditors Purchasers for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Note Guarantees, such Guarantor shall be entitled entitled, upon payment in full of all Guaranteed Obligations under this Indenture, to seek and receive contribution from and against any the Issuer or each other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each payment in an amount equal to such other Guarantor’s right pro rata portion of contribution shall be subject to such payment based on the terms and conditions respective net assets of Section 2.03all the Guarantors at the time of such payment, as determined in accordance with GAAP. The provisions of this Section 2.02 11.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Secured Creditors Trustee and the Holders and each Guarantor shall remain liable to the Secured Creditors Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Indenture (CIFC Corp.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.032.3. The provisions of this Section 2.02 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Credit Parties and each Guarantor shall remain liable to the Secured Creditors Credit Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Guarantee and Collateral Agreement (Valassis Communications Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.032.3. The provisions of this Section 2.02 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the any Secured Creditors Party, and each Guarantor shall remain liable to the Secured Creditors Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuer or any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 Section 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Secured Creditors Trustee and the Holders and each Guarantor shall remain liable to the Secured Creditors Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Indenture (Option Care Health, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.032.3. The provisions of this Section 2.02 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Support L/C Provider, and each Guarantor shall remain liable to the Secured Creditors Support L/C Provider for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: L/C Support Agreement (Walter Investment Management Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. this Article X. The provisions of this Section 2.02 10.06 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Trustee and the Holders and each Guarantor shall remain liable to the Secured Creditors Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: First Supplemental Indenture (Key Energy Services Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a the other Guarantor shall have paid more than its proportionate share of any payment made hereunder, such other Guarantor shall be entitled to seek and receive contribution from and against any other the Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.034 hereof. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any either Guarantor to the Secured Creditors Noteholders, and each Guarantor shall remain liable to the Secured Creditors Noteholders for the full amount guaranteed by such Guarantor the Guarantors hereunder.
Appears in 1 contract
Sources: Securities Purchase Agreement (Westwood One Inc /De/)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Guaranteed Creditors, and each Guarantor shall remain liable to the Secured Guaranteed Creditors for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.0313.05. The provisions of this Section 2.02 13.11 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors MLC, and each Guarantor shall remain liable to the Secured Creditors MLC for the full amount guaranteed by such Guarantor hereunderof the Guaranteed Obligations.
Appears in 1 contract
Sources: Supply and Offtake Agreement (Philadelphia Energy Solutions Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.034.04. The provisions of this Section 2.02 4.05 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Bank, and each Guarantor shall remain liable to the Secured Creditors Bank for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 2.02. shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Guaranteed Creditors, and each Guarantor shall remain liable to the Secured Guaranteed Creditors for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Guaranty and Collateral Agreement (Global Geophysical Services Inc)
Right of Contribution. Each Guarantor hereby agrees that that, to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Holder, and each Guarantor shall remain liable to the Secured Creditors Holder for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.032(c). The provisions of this Section 2.02 2(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Purchaser and each Guarantor shall remain liable to the Secured Creditors Purchaser for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Subsidiary Guarantee (Knobias, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.032.3. The provisions of this Section 2.02 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Parties and each Guarantor shall remain liable to the Secured Creditors Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Note Purchase Agreement (HLTH Corp)
Right of Contribution. Each The Guarantor hereby agrees that to the extent that a any Subsidiary Guarantor shall have paid more than its proportionate share of any payment made hereunderunder the Note Guarantees, such the Guarantor shall be entitled to seek and receive contribution from and against any other Subsidiary Guarantor hereunder which (including the Guarantor) who has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 2.3 shall in no respect limit the obligations and liabilities of any the Guarantor to the Secured Creditors Trustee and each the Holders and the Guarantor shall remain liable to the Secured Creditors Trustee and the Holders for the full amount guaranteed by the Guarantor hereunder shall remain liable to the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Indenture (Mq Associates Inc)
Right of Contribution. Each Loan Guarantor hereby agrees that to the extent that a Loan Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Loan Guarantor shall be entitled to seek and receive contribution from and against any other Loan Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Loan Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.0315.3. The provisions of this Section 2.02 15.2 shall in no respect limit the obligations and liabilities of any Loan Guarantor to the Secured Creditors Lender, and each Loan Guarantor shall remain liable to the Secured Creditors Lender for the full amount guaranteed by such Loan Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.032.3. The provisions of this Section 2.02 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Lender, and each Guarantor shall remain liable to the Secured Creditors Lender for the full amount guaranteed guarantied by such Guarantor hereunder.
Appears in 1 contract
Sources: Guaranty and Security Agreement (Westell Technologies Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.0310.04. The provisions of this Section 2.02 10.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Parties, and each Guarantor shall remain liable to the Secured Creditors Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Indenture (Option Care Health, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.032.6. The provisions of this Section 2.02 2.8 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Parties and each holder of a Note, and each Guarantor shall remain liable to the Secured Creditors Parties and each holder of a Note for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have has paid more than its proportionate share of any payment made hereunder, such the Guarantor shall will be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such the payment. Each Guarantor’s right of contribution shall will be subject to the terms and conditions of Section 2.032.3. The provisions of this Section 2.02 shall 2.2 will in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Lender, and each Guarantor shall will remain liable to the Secured Creditors Lender for the full amount guaranteed by such the Guarantor hereunder.
Appears in 1 contract
Sources: Guaranty and Security Agreement (Electronic Cigarettes International Group, Ltd.)
Right of Contribution. Each Guarantor hereby agrees that to the ---------------------------- extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.034 hereof. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Beneficiaries and each Guarantor shall remain liable to the Secured Creditors Beneficiaries for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Guarantee (Hanover Compressor Co /)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.0311.3. The provisions of this Section 2.02 11.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Lender, and each Guarantor shall remain liable to the Secured Creditors Lender for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such the Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.032(c). The provisions of this Section 2.02 2(b) shall in no respect limit the obligations and liabilities of any the Guarantor to the Secured Creditors Purchasers, and each Guarantor shall remain liable to the Secured Creditors Purchasers for the full amount guaranteed by such the Guarantor hereunder.
Appears in 1 contract
Sources: Subsidiary Guarantee (LOCAL Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 7.2 shall in no respect limit the obligations and liabilities of any each Guarantor to the Secured Creditors Trustee and the Holders and each Guarantor shall remain liable to the Secured Creditors Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Note Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 11.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Secured Creditors Trustee and the Holders and each Guarantor shall remain liable to the Secured Creditors Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Indenture (Trinseo PLC)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.035. The provisions of this Section 2.02 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Agents and the Secured Creditors Creditors, and each Guarantor shall remain liable to the Agents and the Secured Creditors for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.03hereof. The provisions of this Section 2.02 3 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Trustee and the Holders, and each Guarantor shall remain liable to the Secured Creditors Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Indenture (Mounger Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.0317.7 hereof. The provisions of this Section 2.02 17.10 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Parties, and each Guarantor shall remain liable to the Secured Creditors Parties for the full amount guaranteed by such Guarantor hereunder.. 202 074658.21069/130240014v.3
Appears in 1 contract
Sources: Revolving Credit, Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.032.3. The provisions of this Section 2.02 2.2 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Credit Parties, and each Guarantor shall remain liable to the Secured Creditors Credit Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Guarantee, Security and Collateral Agency Agreement (Valassis Communications Inc)
Right of Contribution. Each The Guarantor hereby agrees that to the extent that a the Guarantor shall have paid more than its proportionate share of any payment made hereunder, such the Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder guarantor which has not paid at least its proportionate share of such payment. Each The Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.032(c). The provisions of this Section 2.02 2(b) shall in no respect limit the obligations and liabilities of any the Guarantor to the Secured Creditors Lenders, and each the Guarantor shall remain liable to the Secured Creditors Lenders for the full amount guaranteed by such the Guarantor hereunder.
Appears in 1 contract
Sources: Guarantee (New Harvest Capital Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.03hereof. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Lenders, and each Guarantor shall remain liable to the Secured Creditors Lenders for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which that has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.032(c). The provisions of this Section 2.02 2(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Creditors, and each Guarantor shall remain liable to the Secured Creditors for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Guaranty and Security Agreement (Steiner Leisure LTD)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.035 hereof. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Agent and the Banks, and each Guarantor shall remain liable to the Secured Creditors Agent and the Banks for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Credit Agreement (Lear Seating Corp)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.0310.07. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Trustee and the Holders and each Guarantor shall remain liable to the Secured Creditors Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Indenture (NHW Auburn LLC)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Parties and each Guarantor shall remain liable to the Secured Creditors Parties for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Guarantee and Collateral Agreement (Spanish Broadcasting System Inc)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a any Guarantor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guarantees, such Guarantor shall be entitled to seek and receive contribution from and against the Issuers or any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 Section 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Secured Creditors Trustee and the Holders and each Guarantor shall remain liable to the Secured Creditors Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Indenture (Windstream Parent, Inc.)
Right of Contribution. Each Guarantor hereby agrees that that, to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunderhereunder or in respect of the Guaranteed Obligations, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right The provisions of contribution this Section 13 shall be subject to the terms and conditions of Section 2.0312. The provisions of this Section 2.02 13 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Lender, and each Guarantor shall remain liable to the Secured Creditors Lender for the full amount guaranteed by such Guarantor it hereunder.
Appears in 1 contract
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.036.03. The provisions of this Section 2.02 6.02 shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Creditors, and each Guarantor shall remain liable to the Secured Creditors for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Credit Agreement (Vireo Growth Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor any Guar- antor shall have paid more than its proportionate share of any payment made hereunderon the obligations under the Guaran- tees, such Guarantor shall be entitled to seek and receive contribution from and against the Company or any other Guarantor hereunder which who has not paid at least its proportionate share of such payment. Each Guarantor’s right of contribution shall be subject to the terms and conditions of Section 2.03. The provisions of this Section 2.02 10.3 shall in no respect limit the obligations and liabilities of any each Guarantor to the Secured Creditors Trustee and the Holders and each Guarantor shall remain liable to the Secured Creditors Trustee and the Holders for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Indenture (Townsquare Media, Inc.)
Right of Contribution. Each Guarantor hereby agrees that to the extent that a Guarantor shall have paid more than its proportionate share of any payment made hereunder, such Guarantor shall be entitled to seek and receive contribution from and against any other Guarantor hereunder which has not paid at least its proportionate share of such payment. Each Guarantor’s 's right of contribution shall be subject to the terms and conditions of Section 2.032(c). The provisions of this Section 2.02 2(b) shall in no respect limit the obligations and liabilities of any Guarantor to the Secured Creditors Investors, and each Guarantor shall remain liable to the Secured Creditors Investors for the full amount guaranteed by such Guarantor hereunder.
Appears in 1 contract
Sources: Subsidiary Guarantee (Chile Mining Technologies Inc.)