Common use of Limitation on Guaranteed Obligations Clause in Contracts

Limitation on Guaranteed Obligations. Each Subsidiary Guarantor and each Secured Party (by its acceptance of the benefits of this Agreement) hereby confirms that it is its intention that this Agreement not constitute a fraudulent transfer or conveyance for purposes of any Debtor Relief Laws (including the Bankruptcy Code, the Uniform Fraudulent Conveyance Act or any similar Federal, state or provincial law). To effectuate the foregoing intention, each Subsidiary Guarantor and each Secured Party (by its acceptance of the benefits of this Agreement) hereby irrevocably agrees that the Obligations owing by such Subsidiary Guarantor under this Agreement shall be limited to such maximum amount as will, after giving effect to such amount and all other (contingent or otherwise) liabilities of such Subsidiary Guarantor that are relevant under such Debtor Relief Laws and after giving effect to any rights to contribution and/or subrogation pursuant to any agreement or arising under applicable law providing for an equitable contribution and/or subrogation among such Subsidiary Guarantor and the other Guarantors, result in the Obligations of such Subsidiary Guarantor in respect of such maximum amount not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Guaranty (Primedia Inc)

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Limitation on Guaranteed Obligations. Each Subsidiary Domestic Guarantor and each Secured Party (by its acceptance of the benefits of this Agreement) hereby confirms that it is its intention that this Agreement not constitute a fraudulent transfer or conveyance for purposes of any Debtor Relief Laws (including the Bankruptcy CodeCode of the United States, the Uniform Fraudulent Conveyance Act or any similar Federal, Federal or state or provincial law). To effectuate the foregoing intention, each Subsidiary Domestic Guarantor and each Secured Party (by its acceptance of the benefits of this Agreement) hereby irrevocably agrees that the Guaranteed Obligations owing by such Subsidiary Domestic Guarantor under this Agreement shall be limited to such maximum amount as will, after giving effect to such maximum amount and all other (contingent or otherwise) liabilities of such Subsidiary Domestic Guarantor that are relevant under such Debtor Relief Laws and after giving effect to any rights to contribution and/or subrogation pursuant to any agreement or arising under applicable law providing for an equitable contribution and/or subrogation among such Subsidiary Domestic Guarantor and the other Domestic Guarantors, result in the Guaranteed Obligations of such Subsidiary Domestic Guarantor in respect of such maximum amount not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Credit Agreement (Om Group Inc)

Limitation on Guaranteed Obligations. Each Subsidiary Guarantor and each Secured Party (by its acceptance of the benefits of this Agreement) hereby confirms that it is its intention that this Agreement not constitute a fraudulent transfer or conveyance for purposes of any Debtor Relief Laws (including the Bankruptcy Code, the Uniform Fraudulent Conveyance Act or any similar Federal, Federal or state or provincial law). To effectuate the foregoing intention, each Subsidiary Guarantor and each Secured Party (by its acceptance of the benefits of this Agreement) hereby irrevocably agrees that the Guaranteed Obligations owing by such Subsidiary Guarantor under this Agreement shall be limited to such maximum amount as will, after giving effect to such maximum amount and all other (contingent or otherwise) liabilities of such Subsidiary Guarantor that are relevant under such Debtor Relief Laws and after giving effect to any rights to contribution and/or subrogation pursuant to any agreement or arising under applicable law providing for an equitable contribution and/or subrogation among such Subsidiary Guarantor and the other Guarantors, result in the Guaranteed Obligations of such Subsidiary Guarantor in respect of such maximum amount not constituting a fraudulent transfer or conveyance.. [Signatures on following page]

Appears in 1 contract

Samples: And Restatement Agreement

Limitation on Guaranteed Obligations. Each Subsidiary Guarantor and each Secured Party (by its acceptance of the benefits of this Agreement) hereby confirms that it is its intention that this Agreement not constitute a fraudulent transfer or conveyance for purposes of any Debtor Relief Laws related to bankruptcy or insolvency laws of the United States or other applicable jurisdictions from time to time in effect and affecting the rights of creditors generally (including the Bankruptcy CodeCode of the United States, the Uniform Fraudulent Conveyance Act or any similar Federal, Federal or state or provincial law). To effectuate the foregoing intention, each Subsidiary Guarantor and each Secured Party (by its acceptance of the benefits of this Agreement) hereby irrevocably agrees that the Guaranteed Obligations owing by such Subsidiary Guarantor under this Agreement shall be limited to such maximum amount as will, after giving effect to such maximum amount and all other (contingent or otherwise) liabilities of such Subsidiary Guarantor that are relevant under such Debtor Relief Laws and after giving effect to any rights to contribution and/or subrogation pursuant to any agreement or arising under applicable law providing for an equitable contribution and/or subrogation among such Subsidiary Guarantor and the other Guarantors, result in the Guaranteed Obligations of such Subsidiary Guarantor in respect of such maximum amount not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Security Agreement (Polyone Corp)

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Limitation on Guaranteed Obligations. Each Subsidiary Guarantor and each Secured Party (by its acceptance of the benefits of this Agreement) hereby confirms that it is its intention that this Agreement not constitute a fraudulent transfer or conveyance for purposes of any Debtor Relief Laws (including the Bankruptcy Code, the Uniform Fraudulent Conveyance Act or any similar Federal, Federal or state or provincial law). To effectuate the foregoing intention, each Subsidiary Guarantor and each Secured Party (by its acceptance of the benefits of this Agreement) hereby irrevocably agrees that the Obligations owing by such Subsidiary Guarantor under this Agreement shall be limited to such maximum amount as will, after giving effect to such maximum amount and all other (contingent or otherwise) liabilities of such Subsidiary Guarantor that are relevant under such Debtor Relief Laws and after giving effect to any rights to contribution and/or subrogation pursuant to any agreement or arising under applicable law providing for an equitable contribution and/or subrogation among such Subsidiary Guarantor and the other GuarantorsGuarantors and Borrowers, result in the Obligations of such Subsidiary Guarantor in respect of such maximum amount not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: VPNet Technologies, Inc.

Limitation on Guaranteed Obligations. Each Subsidiary Guarantor and each Secured Party holder of a Note (by its acceptance of the benefits of this Guaranty Agreement) hereby confirms that it is its intention that this Guaranty Agreement not constitute a fraudulent transfer or conveyance for purposes of any Debtor Relief Laws (including the Bankruptcy Code, the Uniform Fraudulent Conveyance Act or any similar FederalFederal or state law, state or provincial law)any other Debtor Relief Law applicable to such Guarantor. . To effectuate the foregoing intention, each Subsidiary Guarantor and each Secured Party holder of a Note (by its acceptance of the benefits of this Guaranty Agreement) hereby irrevocably agrees that the Guaranteed Obligations owing guaranteed by such Subsidiary Guarantor under this Agreement shall be limited to such maximum amount as will, after giving effect to such maximum amount and all other (contingent or otherwise) liabilities of such Subsidiary Guarantor that are relevant under such Debtor Relief Laws laws and after giving effect to any rights to contribution and/or subrogation pursuant to any agreement or arising under applicable law providing for an equitable contribution and/or subrogation among such Subsidiary Guarantor and the other Guarantors, result in the Guaranteed Obligations of such Subsidiary Guarantor in respect of such maximum amount not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Guaranty Agreement (CF Industries Holdings, Inc.)

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