Guaranty Limit Clause Samples

Guaranty Limit. Subject to Paragraph 13, the liability of Guarantor hereunder may not exceed $________ in the aggregate, which amount shall include all interest that has accrued on any amount owed hereunder.
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Guaranty Limit. Except as expressly provided in this Paragraph 2, the liability of Guarantor hereunder shall not exceed an aggregate amount equal to *** in US dollars for principal, plus all interest that has accrued on any amount owed hereunder, to be paid to PG&E, its successors and assigns, and Guarantor hereby binds itself, its heirs, executors, administrators, successors and assigns, jointly and severally. In addition to the amounts for which payment is guaranteed hereunder, Guarantor agrees to pay reasonable attorneys’ fees and all other costs and expenses incurred by PG&E in enforcing this agreement or any action or proceeding arising out of or relating to this agreement.
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Guaranty Limit. The aggregate amount for which the Guarantors shall be liable under this Guaranty (such amount, the “Guaranty Limit”) shall be the greater of (a) an amount equal to (i) the Unpaid Principal Balance as of the date of the calculation of the Guaranty Limit, multiplied by (ii) the Participant’s Share expressed as a fraction, multiplied by (ii) 0.50, multiplied by (iii) a percentage, expressed as a decimal, equal to (x) the Bid Amount (as defined in the Contribution Agreement), divided by the Adjusted Unpaid Principal Balance (as defined in the Contribution Agreement), divided by (y) the reciprocal of the Participant’s Share, and (b) $5,000,000. The Guaranty Limit for any claim under this Guaranty shall be the Guaranty Limit on the date on which the earliest of any act or omission that is a basis of the claim occurred.
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Guaranty Limit. Guarantor’s aggregate liability under this Guaranty shall be limited in the same manner as the Principal’s aggregate liability is limited under the O&M Agreement as set forth in Section 10.1 of the O&M Agreement. In addition to the amounts for which payment is guaranteed hereunder, ▇▇▇▇▇▇▇▇▇ agrees to pay reasonable attorneys’ fees and all other costs and expenses incurred by Beneficiary in enforcing this Guaranty or any action or proceeding arising out of or relating to this Guaranty.
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Guaranty Limit. The aggregate amount for which the Guarantor shall be liable under this Guaranty (such amount, the "Guaranty Limit") shall be the greater of (a) an amount equal to (i) the Unpaid Principal Balance as of the date of the calculation of the Guaranty Limit, multiplied by (ii) the Participant's Share expressed as a fraction, multiplied by (iii) 0.50, multiplied by (iv) a percentage, expressed as a decimal, equal to (x) the Bid Amount (as defined in the Contribution Agreement), divided by the aggregate Adjusted Unpaid Principal Balance (as defined in the Contribution Agreement), divided by (y) the percentage obtained by subtracting the Participant's Share from 100%, and (b) $5,000,000. The Guaranty Limit for any claim under this Guaranty shall be the Guaranty Limit on the date on which the earliest of any act or omission that is a basis of the claim occurred. [The next page is the signature page] The Guarantor has caused this Guaranty to be duly executed and delivered as of the date first written above. / Address:
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Guaranty Limit. Notwithstanding anything to the contrary herein, the aggregate liability of Guarantor hereunder is limited to $ (it being understood for purposes of calculating the maximum aggregate liability of Guarantor hereunder that any payment by Guarantor to PG&E pursuant to a demand made upon Guarantor by PG&E or otherwise made by Guarantor pursuant to its obligations under this Guaranty shall reduce Guarantor’s maximum aggregate liability hereunder on a dollar-for-dollar basis), plus reasonable attorneys’ fees, costs and expenses incurred by PG&E in enforcing this Guaranty or any of the Obligations against Principal under the Agreement. The liability under this Guaranty shall be and is specifically limited to payments expressly required to be made in accordance with the Agreement (even if such payments are deemed damages), including payments, if applicable, required pursuant to indemnification obligations, and IN NO EVENT SHALL GUARANTOR BE SUBJECT TO ANY CONSEQUENTIAL, EXEMPLARY, EQUITABLE, LOSS OF PROFITS, PUNITIVE, TORT OR OTHER SIMILAR DAMAGES, EXCEPT TO THE EXTENT IT MAY BE SPECIFICALLY AND EXPRESSLY PROVIDED FOR IN AN AGREEMENT TO BE DUE TO PG&E FROM PRINCIPAL.
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Guaranty Limit. FCX shall be liable under this Guaranty Agreement with respect to principal of the FMPO Obligations for an amount equal to the FCX Guaranty Limit and at any time the amount to which the holders of the FMPO Loans, FMPO Notes and Circle C Notes are entitled hereunder shall be limited to their respective Pro Rata Shares of the FCX Guaranty Limit, together with interest accrued and unpaid thereon.
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Guaranty Limit. FTX shall be liable under this Guaranty Agreement with respect to principal of the FMPO Obligations for an amount equal to the FTX Basic Guaranty Limit plus the FTX Excess Guaranty Limit and at any time the amount to which the holders of the FMPO Loans, FMPO Notes and Circle C Notes are entitled hereunder shall be limited to their respective Pro Rata Shares of the FTX Basic Guaranty Limit plus the FTX Excess Guaranty Limit, together with interest accrued and unpaid thereon.
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Related to Guaranty Limit

  • Guaranty Obligations Unless otherwise specified, the amount of any Guaranty Obligation shall be the lesser of the principal amount of the obligations guaranteed and still outstanding and the maximum amount for which the guaranteeing Person may be liable pursuant to the terms of the instrument embodying such Guaranty Obligation.

  • Subordinate Certificate Loss Coverage; Limited Guaranty Subject to subsection (c) below, prior to the later of the third Business Day prior to each Distribution Date or the related Determination Date, the Master Servicer shall determine whether it or any Sub-Servicer will be entitled to any reimbursement pursuant to Section 4.02(a) on such Distribution Date for Advances or Sub-Servicer Advances previously made, (which will not be Advances or Sub-Servicer Advances that were made with respect to delinquencies which were subsequently determined to be Excess Special Hazard Losses, Excess Fraud Losses, Excess Bankruptcy Losses or Extraordinary Losses) and, if so, the Master Servicer shall demand payment from Residential Funding of an amount equal to the amount of any Advances or Sub-Servicer Advances reimbursed pursuant to Section 4.02(a), to the extent such Advances or Sub-Servicer Advances have not been included in the amount of the Realized Loss in the related Mortgage Loan, and shall distribute the same to the Class B Certificateholders in the same manner as if such amount were to be distributed pursuant to Section 4.02(a).

  • Guaranty Absolute Each Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Loan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of any Secured Party with respect thereto. The Obligations of each Guarantor under or in respect of this Guaranty are independent of the Guaranteed Obligations or any other Obligations of any other Loan Party under or in respect of the Loan Documents, and a separate action or actions may be brought and prosecuted against each Guarantor to enforce this Guaranty, irrespective of whether any action is brought against the Borrower or any other Loan Party or whether the Borrower or any other Loan Party is joined in any such action or actions. The liability of each Guarantor under this Guaranty shall be irrevocable, absolute and unconditional irrespective of, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to, any or all of the following: (a) any lack of validity or enforceability of any Loan Document or any agreement or instrument relating thereto; (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Guaranteed Obligations or any other Obligations of any other Loan Party under or in respect of the Loan Documents, or any other amendment or waiver of or any consent to departure from any Loan Document, including, without limitation, any increase in the Guaranteed Obligations resulting from the extension of additional credit to any Loan Party or any of its Subsidiaries or otherwise; (c) any taking, exchange, release or non-perfection of any Collateral or any other collateral, or any taking, release or amendment or waiver of, or consent to departure from, any other guaranty, for all or any of the Guaranteed Obligations; (d) any manner of application of Collateral or any other collateral, or proceeds thereof, to all or any of the Guaranteed Obligations, or any manner of sale or other disposition of any Collateral or any other collateral for all or any of the Guaranteed Obligations or any other Obligations of any Loan Party under the Loan Documents or any other assets of any Loan Party or any of its Subsidiaries; (e) any change, restructuring or termination of the corporate structure or existence of any Loan Party or any of its Subsidiaries; (f) any failure of any Secured Party to disclose to any Loan Party any information relating to the business, condition (financial or otherwise), operations, performance, properties or prospects of any other Loan Party now or hereafter known to such Secured Party (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information); (g) the failure of any other Person to execute or deliver this Guaranty, any Guaranty Supplement or any other guaranty or agreement or the release or reduction of liability of any Guarantor or other guarantor or surety with respect to the Guaranteed Obligations; or (h) any other circumstance (including, without limitation, any statute of limitations) or any existence of or reliance on any representation by any Secured Party that might otherwise constitute a defense available to, or a discharge of, any Loan Party or any other guarantor or surety. This Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Guaranteed Obligations is rescinded or must otherwise be returned by any Secured Party or any other Person upon the insolvency, bankruptcy or reorganization of the Borrower or any other Loan Party or otherwise, all as though such payment had not been made.

  • Guaranteed Indebtedness No Credit Party shall create, incur, assume or permit to exist any Guaranteed Indebtedness except (a) by endorsement of instruments or items of payment for deposit to the general account of any Credit Party, and (b) for Guaranteed Indebtedness incurred for the benefit of any other Credit Party if the primary obligation is expressly permitted by this Agreement.

  • Guaranty Absolute, etc This Guaranty shall in all respects be a continuing, absolute, unconditional and irrevocable guaranty of payment, and shall remain in full force and effect until all Obligations of each Borrower and each other Obligor have been paid in full in cash, all obligations of the Guarantor hereunder shall have been paid in full in cash, all Letters of Credit have been terminated or expired and all Commitments shall have terminated. The Guarantor guarantees that the Obligations of each Borrower and each other Obligor will be paid strictly in accordance with the terms of the Credit Agreement and each other Loan Document under which they arise, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of any Secured Party or any holder of any Note with respect thereto. The liability of the Guarantor under this Guaranty shall be absolute, unconditional and irrevocable irrespective of: (a) any lack of validity, legality or enforceability of the Credit Agreement, any Note or any other Loan Document; (b) the failure of any Secured Party or any holder of any Note (i) to assert any claim or demand or to enforce any right or remedy against a Borrower, any other Obligor or any other Person (including any other guarantor (including the Guarantor)) under the provisions of the Credit Agreement, any Note, any other Loan Document or otherwise, or (ii) to exercise any right or remedy against any other guarantor (including the Guarantor) of, or collateral securing, any Obligations of a Borrower or any other Obligor; (c) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations of a Borrower or any other Obligor, or any other extension, compromise or renewal of any Obligation of a Borrower or any other Obligor; (d) any reduction, limitation, impairment or termination of any Obligations of a Borrower or any other Obligor for any reason, including any claim of waiver, release, surrender, alteration or compromise, and shall not be subject to (and the Guarantor hereby waives any right to or claim of) any defense or setoff, counterclaim, recoupment or termination whatsoever by reason of the invalidity, illegality, nongenuineness, irregularity, compromise, unenforceability of, or any other event or occurrence affecting, any Obligations of a Borrower, the Guarantor, any other Obligor or otherwise; (e) any amendment to, rescission, waiver, or other modification of, or any consent to departure from, any of the terms of the Credit Agreement, any Note or any other Loan Document; (f) any addition, exchange, release, surrender or non-perfection of any collateral, or any amendment to or waiver or release or addition of, or consent to departure from, any other guaranty, held by any Secured Party or any holder of any Note securing any of the Obligations of a Borrower or any other Obligor; or (g) any other circumstance which might otherwise constitute a defense available to, or a legal or equitable discharge of, a Borrower, any other Obligor, any surety or any guarantor.