Guaranty Limitations. Any guaranty provided by a Foreign Subsidiary domiciled in each Specified Jurisdiction indicated below shall be subject to the following limitations:
Guaranty Limitations. Anything herein to the contrary notwithstanding, the maximum liability of each Guarantor hereunder shall in no event exceed the amount which can be guaranteed by such Guarantor under applicable foreign, federal and state bankruptcy, insolvency or receivership laws, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar foreign, federal or state law to the extent applicable to this guarantee and each Guarantor’s obligations hereunder. This Guaranty does not apply to any liability to the extent that it would result in this Guaranty constituting unlawful financial assistance within the meaning of section 678 and 679 of the Companies Xxx 0000 and, with respect to any Person that becomes a Guarantor after the date of this Agreement, shall be subject to any limitations set forth in the joinder hereto pursuant to which such Person shall become a Guarantor.
Guaranty Limitations. Notwithstanding anything to the contrary contained herein, (a) each U.K. Obligor other than U.K. Holdings (which shall guaranty all Obligations) shall only be a guarantor of the U.K. Obligations and the indemnities contained herein and not for any other amounts and (b) the French Borrower shall only be a guarantor for the amount of the Loans received by the French Borrower or from proceeds of Loans sent to the French Borrower in accordance with clause (e)(i) of Section 7.2.2 or clause (e) of Section 7.2.5.
Guaranty Limitations. Notwithstanding anything to the contrary contained or implied in this Guaranty, the aggregate actual and contingent liability of the Guarantor under this Guaranty shall be limited to a maximum principal amount of USD $10,000,000 (Ten Million U.S. Dollars) plus interest, costs and charges upon this maximum principal amount, in accordance with the terms and conditions of the Loan Documents, without any withholding, deduction or set off for any reason or account whatsoever. In no event shall the Guarantor be liable under this Guaranty for any amounts advanced by the Bank on or after the date on which the Bank first demands payment by the Guarantor (the "Demand Date"). The limitation in the immediately preceding sentence shall not apply to (i) advances made on or after the Demand Date to fund payment of letters of credit issued before such Demand Date under the Credit Agreement for the account of the Debtor or (ii) interest, fees, costs and other expenses that accrue on or after the Demand Date under the terms of the Loan Documents on (x) advances made before the Demand Date or (y) advances made after the Demand Date to fund payment of letters of credit issued before the Demand Date.
Guaranty Limitations. The limitations set forth in Section 9(f) of the Foreign Guaranty shall apply accordingly in respect of any payment obligation of a German Guarantor (as defined in the Foreign Guaranty) under any Loan Document. 156 Exhibit 10.61 DIP Credit Agreement
Guaranty Limitations. Notwithstanding anything to the contrary contained herein, each U.K. Obligor (other than U.K. Holdings, which shall guaranty all Obligations) shall only be a guarantor of the U.K. Obligations and the indemnities contained herein and not for any other amounts.
Guaranty Limitations. (a) The Guarantor's obligations under SECTION 3 shall terminate upon the date on which the Guaranteed Obligations have been paid and performed in full and all other obligations of the Guarantor to HPT under this Agreement have been irrevocably satisfied in full; PROVIDED, HOWEVER, if at any time, all or any part of any payment applied on account of the Guaranteed Obligations is or must be rescinded or returned for any reason whatsoever (including, without limitation, the insolvency, bankruptcy or reorganization of the Manager), this Agreement, to the extent such payment is or must be rescinded or returned, shall be deemed to have continued in existence notwithstanding any such termination. Notwithstanding anything contained in this Agreement to the contrary, in any given Fiscal Year, the Guarantor's obligations under SECTION 3 shall not exceed Available Excess Profits for such Fiscal Year.
Guaranty Limitations. 59 4.11. Defaulting Lenders 59
Guaranty Limitations. (a) The restrictions in this Section 2.07 shall apply to any Obligation of a Guarantor (i) incorporated in Germany as a limited liability company (GmbH) (each a "German Guarantor") (ii) or organized as a limited partnership under the laws of the Federal Republic of Germany with a GmbH as its general partner (GmbH & Co. KG), in each case resulting from such Guarantor’s liability for Obligations owed by a direct or indirect shareholder of such German Guarantor or any Subsidiary of such shareholder (with the exception of Subsidiaries which are also Subsidiaries of the respective Guarantor) (collectively, the “Cross Liability Obligations”). In relation to any other amounts guaranteed, the guarantee of the respective Guarantor remains unlimited:
Guaranty Limitations. Notwithstanding any provision in this Guaranty to the contrary, this Guaranty does not apply to any liability to the extent that it would result in this Guaranty constituting unlawful financial assistance within the meaning of sections 678 or 679 of the Companies Xxx 0000 and, with respect to any and each other additional Persons which become party to this Guaranty, is subject to any limitations set out in the Guarantor Joinder applicable to such Guarantor.
