Common use of Limitation of Guarantor's Liability Clause in Contracts

Limitation of Guarantor's Liability. Each Guarantor, and by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of each Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and each Guarantor hereby irrevocably agree that the obligations of each Guarantor will be limited to the maximum amount that will not, after giving effect to all other contingent and fixed liabilities of such Guarantor that are relevant under such laws, result in the obligations of such Guarantor under its Note Guarantee constituting a fraudulent transfer or conveyance.

Appears in 22 contracts

Samples: Third Supplemental Indenture (Invitation Homes Inc.), Supplemental Indenture (Invitation Homes Inc.), Supplemental Indenture (Phillips Edison Grocery Center Operating Partnership I, L.P.)

AutoNDA by SimpleDocs

Limitation of Guarantor's Liability. Each The Guarantor, and by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of each the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and each the Guarantor hereby irrevocably agree that the obligations of each the Guarantor will be limited to the maximum amount that will not, after giving effect to all other contingent and fixed liabilities of such the Guarantor that are relevant under such laws, result in the obligations of such the Guarantor under its Note Guarantee constituting a fraudulent transfer or conveyance.

Appears in 16 contracts

Samples: Indenture (Safehold Inc.), Third Supplemental Indenture (Spirit Realty, L.P.), Second Supplemental Indenture (Spirit Realty, L.P.)

Limitation of Guarantor's Liability. Each Guarantor, Guarantor and by its acceptance of Notes, hereof each Holder, hereby Holder confirms that it is the intention of all such parties that the Note this Guarantee of each Guarantor does not constitute a fraudulent transfer or conveyance for purposes of the Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law or the provisions of its local law relating to the extent applicable to the Note Guaranteefraudulent transfer or conveyance. To effectuate the foregoing intention, the Trustee, the Holders and each Guarantor hereby irrevocably agree that the obligations of each such Guarantor will under this Guarantee shall be limited to the maximum amount that will not, after giving effect to all other contingent and fixed liabilities of each such Guarantor that are relevant under such lawsGuarantor, result in the obligations of such Guarantor under its Note this Guarantee constituting a such fraudulent transfer or conveyance.

Appears in 4 contracts

Samples: Third Supplemental Indenture (Albemarle Corp), Supplemental Indenture (Albemarle Corp), Fourth Supplemental Indenture (Rockwood Holdings, Inc.)

Limitation of Guarantor's Liability. Each Guarantor, Guarantor and by its acceptance of Notes, hereof each Holder, hereby Holder confirms that it is the intention of all such parties that the Note this Guarantee of each Guarantor does not constitute a fraudulent transfer or conveyance for purposes of the Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state or foreign law or the provisions of its local law relating to the extent applicable to the Note Guaranteefraudulent transfer or conveyance. To effectuate the foregoing intention, the Trustee, the Holders and each Guarantor hereby irrevocably agree that the obligations of each such Guarantor will under this Guarantee shall be limited to the maximum amount that will not, after giving effect to all other contingent and fixed liabilities of each such Guarantor that are relevant under such lawsGuarantor, result in the obligations of such Guarantor under its Note this Guarantee constituting a such fraudulent transfer or conveyance.

Appears in 2 contracts

Samples: Supplemental Indenture (American Medical Systems Europe B.V.), Supplemental Indenture (Boston Scientific Corp)

Limitation of Guarantor's Liability. Each The Guarantor, and by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of each the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and each the Guarantor hereby irrevocably agree that the obligations of each the Guarantor will be limited to the maximum amount that will not, after giving effect to all other contingent and fixed liabilities of such the Guarantor that are relevant under such laws, result in the obligations of such the Guarantor under its Note Guarantee constituting a fraudulent transfer or conveyance.. Section 5.4

Appears in 1 contract

Samples: Spirit Realty Capital, Inc.

AutoNDA by SimpleDocs

Limitation of Guarantor's Liability. Each Guarantor, Guarantor and by its acceptance of Notesan applicable Security, each Holder, hereby Holder confirms that it is the intention of all such parties that the Note this Guarantee of each Guarantor does not constitute a fraudulent transfer or conveyance for purposes of the Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal federal, state or state other applicable law or the provisions of its local law relating to the extent applicable to the Note Guaranteefraudulent transfer or conveyance. To effectuate the foregoing intention, the Trustee, the Holders and each Guarantor hereby irrevocably agree that the obligations of each the Guarantor will under this Guarantee shall be limited to the maximum amount that will not, after giving effect to all other contingent and fixed liabilities of such Guarantor that are relevant under such lawsthe Guarantor, result in the obligations of such the Guarantor under its Note this Guarantee constituting a such fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Indenture (Coca-Cola European Partners Us, LLC)

Limitation of Guarantor's Liability. Each Guarantor, the Trustee and by its acceptance of Notes, each Holder, Holder hereby confirms confirm that it is the intention of all such parties that the Note Guarantee of each such Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law Insolvency Law to the extent applicable to the Note Guaranteesuch Guarantor. To effectuate the foregoing intention, the Trustee, the Holders and each Guarantor hereby irrevocably agree that the obligations of each such Guarantor will under this Indenture and the Guarantee shall be limited to the maximum aggregate amount that will notwhich, after giving effect to all other contingent and fixed liabilities of such Guarantor that are relevant under such lawsGuarantor, will result in the obligations of such each Guarantor under its Note the Guarantee not constituting a such fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Indenture (Sutherland Asset Management Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.