Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 48 contracts
Samples: Credit Agreement (KCG Holdings, Inc.), Credit Agreement (Unified Western Grocers Inc), Credit Agreement (Penford Corp)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 13 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 13 void or voidable under applicable lawLegal Requirements, including, without limitation, fraudulent conveyance law.
Appears in 24 contracts
Samples: Term Loan Agreement (Centerspace), Credit Agreement (Global Medical REIT Inc.), Credit Agreement (Investors Real Estate Trust)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 13 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 13 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 19 contracts
Samples: Credit Agreement (Consolidated Tomoka Land Co), Credit Agreement (Trade Street Residential, Inc.), Credit Agreement (Alpine Income Property Trust, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 11 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 16 contracts
Samples: Credit Agreement (Postal Realty Trust, Inc.), Credit Agreement (Envestnet, Inc.), Credit Agreement (Shimmick Corp)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 13 contracts
Samples: Credit Agreement (International Assets Holding Corp), Credit Agreement (Intl Fcstone Inc.), Credit Agreement (Check Technology Corp)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 Article XII shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 Article XII void or voidable under applicable law, including, without limitation, including fraudulent conveyance law.
Appears in 7 contracts
Samples: Credit Agreement (Tiptree Inc.), Credit Agreement (Fortegra Group, Inc), Credit Agreement (Tiptree Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 11 void or voidable under applicable law, including, without limitation, including fraudulent conveyance law.
Appears in 5 contracts
Samples: Joint Venture Agreement (Limbach Holdings, Inc.), Joint Venture Agreement (Limbach Holdings, Inc.), Credit Agreement (Limbach Holdings, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 Article X shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 Article X void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 5 contracts
Samples: Credit Agreement (Career Education Corp), Credit Agreement (Career Education Corp), Credit Agreement (Career Education Corp)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 10 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 10 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 5 contracts
Samples: Credit Agreement (Willdan Group, Inc.), Credit Agreement (Pioneer Power Solutions, Inc.), Credit Agreement (Willdan Group, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 Article XV shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 Article XV void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 5 contracts
Samples: Credit Agreement (Runway Growth Finance Corp.), Credit Agreement (Runway Growth Credit Fund Inc.), Credit Agreement (Runway Growth Finance Corp.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 void or voidable avoidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 4 contracts
Samples: Credit Agreement (Nobel Learning Communities Inc), Credit Agreement (DG FastChannel, Inc), Credit Agreement (DG FastChannel, Inc)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 13 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 13 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 4 contracts
Samples: Credit Agreement (Whitestone REIT Operating Partnership, L.P.), Credit Agreement (Whitestone REIT Operating Partnership, L.P.), Credit Agreement (Whitestone REIT)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not exceed U.S. $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 11 void or voidable avoidable under applicable law, including, without limitation, including fraudulent conveyance law.
Appears in 4 contracts
Samples: Credit Agreement (Delek Logistics Partners, LP), Credit Agreement (Delek Logistics Partners, LP), Credit Agreement (Delek US Holdings, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 10 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 10 void or voidable under applicable law, including, without limitation, including fraudulent conveyance law.
Appears in 4 contracts
Samples: Credit Agreement (BIO-TECHNE Corp), Credit Agreement (BIO-TECHNE Corp), Credit Agreement (Techne Corp /Mn/)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 11 void or voidable avoidable under applicable law, including, without limitation, including fraudulent conveyance law.
Appears in 4 contracts
Samples: Credit Agreement (Delek Logistics Partners, LP), Credit Agreement (Delek Logistics Partners, LP), Credit Agreement (American CyberSystems Inc)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 10 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 10 void or voidable under applicable lawLaw, including, without limitation, fraudulent conveyance law.
Appears in 3 contracts
Samples: Multicurrency Credit Agreement (Fenix Parts, Inc.), Multicurrency Credit Agreement (Fenix Parts, Inc.), Multicurrency Credit Agreement (Fenix Parts, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 3 contracts
Samples: Credit Agreement (Student Transportation Inc.), Credit Agreement (FTD Inc), Credit Agreement (FTD Inc)
Limit on Recovery. Notwithstanding any other provision hereof, the right to recovery of recovery the holders of the Obligations against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 3 contracts
Samples: Credit Agreement (Federal Signal Corp /De/), Credit Agreement (Federal Signal Corp /De/), Credit Agreement (Federal Signal Corp /De/)
Limit on Recovery. Notwithstanding any other provision hereof, the right to recovery of recovery the holders of the Obligations against each Guarantor under this Section 12 13 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 13 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 2 contracts
Samples: Multicurrency Credit Agreement (Bell Sports Corp), Multicurrency Credit Agreement (Clarcor Inc)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each any Guarantor under this Section 12 11 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 11 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 2 contracts
Samples: Credit Agreement (Morrison Knudsen Corp//), Credit Agreement (Morrison Knudsen Corp//)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 void or voidable under applicable law, including, without limitation, fraudulent conveyance lawlaw minus $1.00.
Appears in 2 contracts
Samples: Credit Agreement (Amcol International Corp), Credit Agreement (Amcol International Corp)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 void or voidable under applicable lawApplicable Law, including, without limitation, including fraudulent conveyance law.
Appears in 2 contracts
Samples: Credit Agreement (Hub Group, Inc.), Credit Agreement (Hub Group, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 void or voidable avoidable under applicable law, including, without limitation, including fraudulent conveyance law.
Appears in 2 contracts
Samples: Promissory Note (Delek Logistics Partners, LP), Promissory Note (Delek US Holdings, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 2 contracts
Samples: Credit Agreement (Ios Brands Corp), Credit Agreement (Ios Brands Corp)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each a Guarantor under this Section 12 10 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 10 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 2 contracts
Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right to recovery of recovery the holders of the Obligations against each Guarantor under this Section 12 9 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 hereunder void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law. Section 9.7.
Appears in 2 contracts
Samples: Oil-Dri Corp of America, Credit Agreement (Oil-Dri Corp of America)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 10 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 10 void or voidable under applicable law, including, without limitation, including fraudulent conveyance law.. Section 10.7
Appears in 2 contracts
Samples: Credit Agreement (Sterling Infrastructure, Inc.), Credit Agreement (Sterling Infrastructure, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right to recovery of recovery the Agent and the Banks against each Guarantor under this Section 12 14 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 14 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 2 contracts
Samples: Credit Agreement (Titan International Inc), Titan Wheel International Inc
Limit on Recovery. “Section 13.6.Limit on Recovery” \l 2 . Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 13 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 13 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 1 contract
Samples: Credit Agreement (Alpine Income Property Trust, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 11 void or voidable avoidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 1 contract
Samples: Credit Agreement (International Assets Holding Corp)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 14 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 14 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 1 contract
Limit on Recovery. Notwithstanding any other provision hereof, the right to recovery of recovery the holders of the Obligations against each Guarantor under this Section 12 9 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 hereunder void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 1 contract
Samples: Guaranty Agreement (Oil Dri Corporation of America)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 11 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 1 contract
Samples: Credit Agreement (Penford Corp)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 11 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 1 contract
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 Article IX shall not exceed the amount that is $1.00 less than the lowest amount which that would render such Guarantor’s obligations under this Section 12 Article IX void or voidable under applicable law, including, without limitation, applicable fraudulent conveyance lawconveyance, fraudulent transfer or similar laws.
Appears in 1 contract
Samples: Senior Subordinated Note Purchase and Security Agreement (Physicians Formula Holdings, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 13 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 13 void or ‑117‑ voidable under applicable lawLegal Requirements, including, without limitation, fraudulent conveyance law.
Appears in 1 contract
Limit on Recovery. Notwithstanding any other provision hereof, the right to recovery of recovery the holders of the Obligations against each Guarantor under this Section 12 9 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 hereunder void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 1 contract
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 void or voidable under applicable law, including, without limitation, fraudulent conveyance lawlaw minus $1.00.
Appears in 1 contract
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 13 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 13 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.. ‑129
Appears in 1 contract
Samples: Credit Agreement (Whitestone REIT)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 11 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 1 contract
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 void or voidable under applicable lawLaw, including, without limitation, including fraudulent conveyance law.
Appears in 1 contract
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 11 void or voidable avoidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 1 contract
Limit on Recovery. “Section 13.6. Limit on Recovery” \l 2 . Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 13 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 13 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 1 contract
Samples: Credit Agreement (Alpine Income Property Trust, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 Article XV shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 Article XV void or voidable under applicable law, including, without limitation, fraudulent conveyance law. Section 15.8.
Appears in 1 contract
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 10 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 10 void or voidable under applicable law, including, without limitation, including fraudulent conveyance law.. ‑92‑
Appears in 1 contract
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 void or voidable under applicable lawLaw, including, without limitation, including fraudulent conveyance law.. 147
Appears in 1 contract
