Common use of Limitation on Guarantor Liability Clause in Contracts

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shall, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 12 contracts

Samples: Directing Holder (Wynn Resorts LTD), Signatures (Wynn Resorts LTD), Signatures (Wynn Las Vegas LLC)

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Limitation on Guarantor 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 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 to the extent applicable to any such Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Ten, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 8 contracts

Samples: Geo Group Inc, wfdetentions.files.wordpress.com, wfdetentions.files.wordpress.com

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that as shall, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, laws and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11X, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent conveyance or fraudulent transfer or conveyanceunder applicable law.

Appears in 8 contracts

Samples: Indenture (FTAI Aviation Ltd.), Supplemental Indenture (FTAI Aviation Ltd.), Junior Priority Intercreditor Agreement (FTAI Infrastructure LLC)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee and this Article Ten shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Ten, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 7 contracts

Samples: Supplemental Indenture (Warner Music Group Corp.), Refinancing Agreement (Warner Music Group Corp.), Indenture (Warner Music Group Corp.)

Limitation on Guarantor Liability. Each Guarantor, of the Guarantors and by its acceptance of Notes, each Holder, the Trustee hereby confirms that it is the intention of all each such parties party that the Note Guarantee of such Guarantor this Guaranty 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 any Note Guaranteethis Guaranty. To effectuate the foregoing intention, the Trustee, the Holders Trustee and the Guarantors each Guarantor hereby irrevocably agree that the obligations of each such Guarantor the Guarantors under this Guaranty shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantors that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Guaranty, result in the obligations of such Guarantor the Guarantors under its Note Guarantee this Guaranty not constituting a fraudulent transfer or conveyance.

Appears in 7 contracts

Samples: Guaranty Agreement (Casella Waste Systems Inc), Guaranty Agreement (Casella Waste Systems Inc), Guaranty Agreement (Casella Waste Systems Inc)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, laws and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11X, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent conveyance or fraudulent transfer or conveyanceunder applicable law.

Appears in 6 contracts

Samples: Indenture (Meredith Corp), Supplemental Indenture (Meredith Corp), Indenture (Time Inc.)

Limitation on Guarantor 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 such Guarantor not constitute a fraudulent transfer or conveyance for purposes of the Bankruptcy LawCode, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under this Article XII shall be limited to the maximum amount that as shall, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, including, if applicable, its guarantee of all obligations under any Credit Agreement, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11XII, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 6 contracts

Samples: Collateral Agent Agreement (Arch Wireless Inc), Collateral Agent Agreement (Arch Wireless Inc), Collateral Agent Agreement (Arch Wireless Inc)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee and this Article 10 shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 1110, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 6 contracts

Samples: Indenture (Fields MRS Original Cookies Inc), Global Crossing LTD, Global Crossing Holdings LTD

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Note Guarantee and this Article 10 shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 1110, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 4 contracts

Samples: Indenture (Cca Properties of America LLC), Corrections Corp of America, Gni Group Inc /De/

Limitation on Guarantor Liability. (a) Each GuarantorGuarantor that is a Subsidiary of the Company, and by its acceptance of Notes, hereof each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of by such Guarantor pursuant to its Guarantee 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 to the extent applicable to any Note Guaranteelaw. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors such Guarantor hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee shall be limited to the maximum amount that shallwhich, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this Article 11Indenture, will result in the obligations of such Guarantor under its Note Guarantee not constituting a such fraudulent transfer or conveyance.

Appears in 4 contracts

Samples: Indenture (General Cable Corp /De/), Indenture (Diversified Contractors Inc), Indenture (General Cable Corp /De/)

Limitation on Guarantor Liability. Each Guarantor, and by its acceptance of NotesSecurities, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee and this Article Eleven shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Eleven, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 4 contracts

Samples: Indenture (Warner Alliance Music Inc), Supplemental Indenture (Warner Music Group Corp.), Indenture (Warner Music Group Corp.)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee and this Article 11 shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 3 contracts

Samples: Etesting Labs Inc, Ziff Davis Intermediate Holdings Inc, Marathon Power Technologies Co

Limitation on Guarantor Liability. Each Guarantor, Guarantor and by its acceptance of Notes, each Holder, the Lender hereby confirms confirm that it is the intention of all such parties that any guaranty to be provided pursuant to the Note Guarantee terms of such Guarantor this Agreement not constitute a fraudulent transfer or conveyance for the purposes of Bankruptcy Lawbankruptcy law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state sate law to the extent applicable to any Note Guaranteeguaranty granted pursuant to this Agreement. To effectuate the foregoing intentionlimitation, the Trustee, the Holders and the Guarantors parties hereto hereby irrevocably agree that the obligations of each such Guarantor shall will be limited to the maximum amount that shallwill, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments payment made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under as contemplated in this Article 11Agreement and the Loan Documents, result in the obligations of such Guarantor under its Note Guarantee guaranty delivered to Lender pursuant to the terms of this Agreement not constituting a fraudulent transfer or conveyance.

Appears in 3 contracts

Samples: Credit Agreement (Forbes Energy Services Ltd.), Credit Agreement (Forbes Energy Services Ltd.), Credit Agreement (Forbes Energy Services LLC)

Limitation on Guarantor Liability. Each Guarantor, and by its acceptance of the Notes, each HolderNoteholder, hereby confirms that it is the intention of all such parties that the Note Guarantee of 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders Noteholders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee and this Section 13 shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Section 13, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 3 contracts

Samples: Purchase Agreement (American Coin Merchandising Inc), Purchase Agreement (American Coin Merchandising Inc), Purchase and Security Agreement (Brown Jordan International Inc)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, laws and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article ‎Article 11, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent conveyance or fraudulent transfer or conveyanceunder applicable law.

Appears in 3 contracts

Samples: Indenture (Uniti Group Inc.), Indenture (Uniti Group Inc.), Indenture (Uniti Group Inc.)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under this Article 8 shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 118, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 3 contracts

Samples: Metricom Inc / De, A 1 Homes Group Inc, Metricom Finance Inc

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee and this Article X shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11X, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 3 contracts

Samples: Indenture (WEX Inc.), Indenture (Autonation Inc /Fl), Indenture (Wallace Bill Enterprises Inc)

Limitation on Guarantor Liability. Each GuarantorThe Guarantor and, and by its acceptance of Notes, each Holder, Holder hereby confirms that it is the intention of all such parties that the Note Guarantee of such 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 any the Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors Guarantor hereby irrevocably agree that the obligations of each such the Guarantor under its Note Guarantee and this Article 11 shall be limited to the greater of (i) the amount of any value received by the Guarantor and (ii) the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11, result in the obligations of such the Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 3 contracts

Samples: Indenture (Ual Corp /De/), Indenture (Ual Corp /De/), Ual Corp /De/

Limitation on Guarantor Liability. Each GuarantorThe Guarantor and, and by its acceptance of Notes, each Holder, Holder hereby confirms that it is the intention of all such parties that the Note Guarantee of such 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 any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors Guarantor hereby irrevocably agree that the obligations of each such the Guarantor under its Note Guarantee and this Article 11 shall be limited to the greater of (i) the amount of any value received by the Guarantor and (ii) the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11, result in the obligations of such the Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 3 contracts

Samples: Ual Corp /De/, Ual Corp /De/, Ual Corp /De/

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall will be limited to the maximum amount that shallwill, after giving effect to such maximum amount and that after giving effect to all other contingent and fixed liabilities of such GuarantorGuarantor (including, as the case may bewithout limitation, that are relevant any Guarantees under such laws, Credit Facilities) and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11, result in the obligations of such Guarantor under its Note Guarantee or pursuant to its contribution obligations under this Indenture, would not constituting a render such Guarantor’s obligations subject to avoidance under applicable fraudulent transfer conveyance provisions of the United States Bankruptcy Code or conveyanceany comparable provision of state law.

Appears in 3 contracts

Samples: Indenture (QualityTech, LP), Supplemental Indenture (QualityTech, LP), Supplemental Indenture (QTS Realty Trust, Inc.)

Limitation on Guarantor Liability. Each Guarantor, and by its acceptance of NotesSecurities, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee and this Article Ten shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Ten, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 2 contracts

Samples: Global Crossing Uk Telecommunications LTD, Global Crossing LTD

Limitation on Guarantor Liability. (a) Each Guarantor, and by its acceptance of Notes, each HolderHolder thereof, hereby confirms that it is the intention of all such parties that the Note this Guarantee of such Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Lawany bankruptcy law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law of any jurisdiction to the extent applicable to any Note this Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under this Guarantee shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Guarantee, result in the obligations of such Guarantor under its Note the Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 2 contracts

Samples: Facility Agreement (TPG Advisors IV, Inc.), Facility Agreement (TPG Advisors IV, Inc.)

Limitation on Guarantor Liability. Each Guarantor, and by its acceptance of NotesSecurities, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of such Guarantor not constitute a fraudulent transfer or conveyance for purposes of the Bankruptcy LawCode, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and each of the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee and this Article XIII shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, laws and after giving effect to any collections from, rights to receive contribution contributions from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11XIII, if any, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 2 contracts

Samples: Abx Air Inc, Pep Boys Manny Moe & Jack

Limitation on Guarantor Liability. Each The Guarantor, and by its their acceptance of Notesthe benefits hereof, each Holderthe Trustee and the Holders, hereby confirms that it is the intention of all such parties that the Note Guarantee guaranty of such Guarantor the Guaranteed Obligations pursuant to this Guaranty not constitute a fraudulent transfer or conveyance for purposes of any Bankruptcy Law, the Uniform Fraudulent Conveyance Actany fraudulent conveyance statute, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to any Note Guaranteelaw. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors Guarantor hereby irrevocably agree that the obligations of each such Guarantor under this Guaranty shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, laws and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Guaranty, if any, result in the obligations of such the Guarantor under its Note Guarantee this Guaranty not constituting a fraudulent transfer or conveyance.

Appears in 2 contracts

Samples: Guaranty (UDR, Inc.), Guaranty (UDR, Inc.)

Limitation on Guarantor 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 this Guarantee of such Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Lawany bankruptcy law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to any Note this Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under this Guarantee shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Guarantee, result in the obligations of such Guarantor under its Note the Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Unidigital Inc), Securities Purchase Agreement (Railamerica Inc /De)

Limitation on Guarantor 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 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 to the extent applicable to any such Note Guarantee. To effectuate the foregoing intention, the Trustee, and the Second Lien Collateral Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Ten, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 2 contracts

Samples: Indenture (Geo Group Inc), Indenture (Geo Group Inc)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Note Guarantee and this Article Eleven shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from from, or payments made by or on behalf of of, any other Guarantor in respect of the obligations of such other Guarantor under its Note Guarantee and this Article 11Eleven, result in the obligations of such Guarantor under its Note Guarantee and this Article Eleven not constituting a fraudulent transfer or conveyance.

Appears in 2 contracts

Samples: Physicians Management, LLC, Physicians Management, LLC

Limitation on Guarantor Liability. Each GuarantorGuarantor and, and by its acceptance of Notes, each Holder, Holder hereby confirms that it is the intention of all such parties that the Note Guarantee of 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 to the extent applicable to any the Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors each Guarantor hereby irrevocably agree that the obligations of each such Guarantor under its Note Guarantee and this Article 11 shall be limited to the greater of (i) the amount of any value received by such Guarantor and (ii) the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 2 contracts

Samples: Mesa Air New York, Inc., Mesa Air New York, Inc.

Limitation on Guarantor Liability. Each Guarantor, and by its acceptance of NotesSecurities, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee and this Article Eleven shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, from rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Eleven, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 2 contracts

Samples: Indenture (Netscout Systems Inc), UGS PLM Solutions Asia/Pacific INC

Limitation on Guarantor Liability. Each GuarantorGuarantor and, and by its acceptance of NotesDebt Securities of the applicable series, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee and this Article XVII shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11XVII, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 2 contracts

Samples: Indenture (Energizer Holdings Inc), Ralcorp Holdings Inc /Mo

Limitation on Guarantor 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 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 to the extent applicable to any such Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11XIII, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 2 contracts

Samples: Supplemental Indenture (Geo Group Inc), First Supplemental Indenture (Geo Group Inc)

Limitation on Guarantor Liability. Each GuarantorGuarantor and, and by its acceptance of Notesa Security, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of 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 Federal or state State law to the extent applicable to any its Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall will be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Twelve, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 2 contracts

Samples: Indenture (Level 3 Parent, LLC), Indenture (Level 3 Parent, LLC)

Limitation on Guarantor Liability. Each Guarantor, if any, upon the execution and delivery of a Guarantee pursuant to Section 4.16, and by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee and this Article Ten shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Ten, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 2 contracts

Samples: Subordination Agreement (Universal City Development Partners LTD), Universal City Florida Holding Co. I

Limitation on Guarantor 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 such Guarantor not constitute a fraudulent transfer or conveyance for purposes of any Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar foreign, federal or state law to the extent applicable to any this Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Note Guarantee and this Article XI shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11XI, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 2 contracts

Samples: Intercreditor Agreement (Global Crossing North America Inc), Global Crossing North America Inc

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall will be limited to the maximum amount that shallwill, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, including any Guarantees under the Company’s senior credit facility, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 1110, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 2 contracts

Samples: Indenture (Nutra Sales Corp), Indenture (Nutra Sales Corp)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall under its Note Guarantee will be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such GuarantorGuarantor (including, as without limitation, any guarantees under the case may be, that are relevant New Credit Agreement and the Term Loan B Notes permitted under such laws, Section 4.09 hereof) and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Note Guarantee or pursuant to its contribution obligations under this Article 11Agreement, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal or conveyancestate law.

Appears in 2 contracts

Samples: Amerco /Nv/, Amerco /Nv/

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall will be limited to the maximum amount that shallwill, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such lawslaws (including, without limitation, any guarantees under the Credit Agreement and the indentures governing the Existing Notes), and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Indenture, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 2 contracts

Samples: Indenture (Superior Energy Services Inc), Indenture (Superior Energy Services Inc)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall under its Note Guarantee will be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such GuarantorGuarantor (including, as without limitation, any guarantees under the case may be, that are relevant under such laws, New Credit Agreement) and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Note Guarantee or pursuant to its contribution obligations under this Article 11Agreement, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal or conveyancestate law.

Appears in 2 contracts

Samples: Indenture (Amerco /Nv/), Amerco /Nv/

Limitation on Guarantor 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 such Guarantor not constitute a fraudulent conveyance or a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal federal, provincial or state law to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, laws and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11X, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent conveyance or fraudulent transfer or conveyanceunder applicable law.

Appears in 2 contracts

Samples: Indenture (Sibanye Stillwater LTD), Indenture (Sibanye Gold LTD)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee and this Article Eleven shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, from rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Eleven, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: LCE AcquisitionSub, Inc.

Limitation on Guarantor Liability. Each GuarantorGuarantor and, and by its acceptance of the Notes, each Holder, Holder hereby confirms that it is the intention of all such parties that the Note Guarantee of 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations Obligations of each such Guarantor under its Note Guarantee and this Section 15 shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations Obligations of such other Guarantor under this Article 11Section 15, result in the obligations Obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Purchase Agreement (Pca International Inc)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations Obligations of each such Guarantor shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations Obligations of such other Guarantor under this Article 1110, result in the obligations Obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Indenture (Nexstar Broadcasting Group Inc)

Limitation on Guarantor 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 such the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy LawTitle 11, U.S. Code or any similar federal or state law for the relief of debtors, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to any Note the Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors Guarantor hereby irrevocably agree that the obligations of each such the Guarantor shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, laws and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11, Guarantee or any other guarantee result in the obligations of such the Guarantor under its Note Guarantee not constituting a fraudulent conveyance or fraudulent transfer or conveyanceunder applicable law.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Janus Henderson Group PLC)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the TrusteeTrustee Obligations, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under this Article XII shall be limited to the maximum amount that as shall, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11XII, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Ipcs Inc

Limitation on Guarantor Liability. Each Guarantor, 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee and this Article Eleven shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Eleven, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Universal City Travel Partners

Limitation on Guarantor Liability. Each Guarantor, and by its acceptance of the Notes, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, laws and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11X, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.such

Appears in 1 contract

Samples: Indenture (Chobani Inc.)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shall, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11XII, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Securities Purchase Agreement (AGA Medical Holdings, Inc.)

Limitation on Guarantor Liability. Each Guarantor, and by its acceptance of the Notes, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Note Guarantee and this Section 15 shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Section 15, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Purchase Agreement (Playcore Inc)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall will be limited to the maximum amount that shallwill, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, including any Guarantees under the Credit Facilities, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 1110, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: General Nutrition Centers Inc

Limitation on Guarantor Liability. Each GuarantorGuarantor shall confirm, and by its acceptance of NotesSecurities, each HolderHolder hereby confirms, hereby confirms that it is the intention of all such parties that the Note any Guarantee of 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, Trustee and the Holders irrevocably agree, and the Guarantors hereby shall irrevocably agree agree, that the obligations of each such Guarantor under this Article 10 shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 1110, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Ribapharm Inc

Limitation on Guarantor 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 the Notes of 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee of the Notes and this Article 10 shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 1110, result in the obligations of such Guarantor under its Note Guarantee of the Notes not constituting a fraudulent transfer or conveyanceconveyance under applicable law.

Appears in 1 contract

Samples: Appalachian Realty Co

Limitation on Guarantor 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 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 federal, provincial or state law to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee and this Article Eleven shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, from rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Eleven, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Dollarama CORP

Limitation on Guarantor Liability. Each Guarantor, and by its acceptance of the Notes, each Holder, hereby confirms that it is the intention of all such parties that the Note Subsidiary Guarantee of 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 to the extent applicable to any Note Subsidiary Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Subsidiary Guarantee and this Section 14 shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Section 14, result in the obligations of such Guarantor under its Note Subsidiary Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Purchase Agreement (Ruths Chris Steak House, Inc.)

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Limitation on Guarantor Liability. Each Guarantor, and by its acceptance of Asset Bridge Notes, each Holder, hereby confirms that it is the intention of all such parties that the Note this Guarantee of such Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Lawany bankruptcy law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to any Note this Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under this Guarantee shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Guarantee, result in the obligations of such Guarantor under its Note the Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Asset Bridge Securities Purchase Agreement (Railamerica Inc /De)

Limitation on Guarantor Liability. Each Guarantor, and by its acceptance of NotesSecurities, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shallas would, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, laws and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Fourteen, result in cause the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.to

Appears in 1 contract

Samples: Lexington Master Limited Partnership

Limitation on Guarantor Liability. Each Guarantor, and each Holder by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee guarantee of 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 to the extent applicable to any Note Guaranteeguarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that each Guarantor's liability shall be that amount from time to time equal to the obligations aggregate liability of each such Guarantor under the guarantee, but shall be limited to the maximum amount that shallwhich, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, that are relevant under such laws, Guarantor and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11its guarantee or pursuant to its contribution obligations under the Indenture, will result in the obligations of such Guarantor under its Note Guarantee guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal, state or conveyanceother applicable law.

Appears in 1 contract

Samples: Indenture (Aerojet Ordnance Tennessee Inc)

Limitation on Guarantor Liability. Each Guarantor, and by its acceptance of the Notes, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee and this ARTICLE 12 shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11SECTION 12.06, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Indenture (Veterinary Centers of America Inc)

Limitation on Guarantor 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 such Guarantor not constitute a fraudulent conveyance or a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal federal, Canadian, provincial or state law to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, laws and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 1110, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.such

Appears in 1 contract

Samples: Indenture (Concordia International Corp.)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall will be limited to the maximum amount that shallwill, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, including any Guarantees under the Senior Credit Facility, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: General Nutrition Companies Inc

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee and this Article Ten shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Ten, result in the obligations of such Guarantor under its Note Guarantee to not constituting constitute a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Evergreen International Aviation Inc

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Note Guarantee and this Article 14 shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 1114, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: A) (Insilco Corp/De/)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee and this Guarantor Supplemental Indenture shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Guarantor Supplemental Indenture, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Supplemental Indenture (Autonation, Inc.)

Limitation on Guarantor Liability. Each Guarantor, and and, by its acceptance of Notesany Note, each Holder, hereby confirms that it is each Guarantor and the intention of all such parties Holders intend that the Note Guarantee of such 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 any Note Guarantee. To effectuate Each of the foregoing intentionTrustee, the Collateral Trustee, the Holders and the Guarantors hereby each Guarantor irrevocably agree agrees that the obligations of each such Guarantor shall under its Guarantee will be limited to the maximum amount that shallwill, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11its Guarantee, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Indenture (Gastar Exploration Inc.)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee and this Article Eleven shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Eleven, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Houghton Mifflin Finance, Inc.

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall will be limited to the maximum amount that shallwill, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such lawslaws (including, without limitation, any guarantees under the Credit Agreement), and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Indenture, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Indenture (Superior Energy Services Inc)

Limitation on Guarantor 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 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 to the extent applicable to any Note such Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under its Guarantee and this Article Eleven shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Eleven, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Indenture (Warner Music Group Corp.)

Limitation on Guarantor 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 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 to the extent applicable to any such Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that as shall, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Ten, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Indenture (DreamWorks Animation SKG, Inc.)

Limitation on Guarantor Liability. Each Guarantor, and and, by its acceptance of Notesany Note, each Holder, hereby confirms that it is each Guarantor and the intention of all such parties Holders intend that the Note Guarantee of such 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 any Note Guarantee. To effectuate the foregoing intention, Each of the Trustee, the Collateral Agent, the Holders and the Guarantors hereby each Guarantor irrevocably agree agrees that the obligations of each such Guarantor shall under its Guarantee will be limited to the maximum amount that shallwill, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11its Guarantee, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Indenture (Workhorse Group Inc.)

Limitation on Guarantor Liability. Each Guarantor, and by its acceptance of Units and/or Notes, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of 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 federal, state, provincial or state foreign law to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall will be limited to the maximum amount that shallwill, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 1110, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Canadian Collateral Trust Agreement (Primus Telecommunications Group Inc)

Limitation on Guarantor 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 such Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Table of Contents Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, laws and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 1110, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent conveyance or fraudulent transfer under applicable law or conveyancebeing void or voidable under any law relating to insolvency of debtors.

Appears in 1 contract

Samples: Indenture (TC3 Health, Inc.)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Collateral Agent, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, laws and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 1110, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent conveyance or fraudulent transfer or conveyanceunder applicable law.

Appears in 1 contract

Samples: Indenture (OUTFRONT Media Inc.)

Limitation on Guarantor Liability. Each Guarantor, and by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that the this Note Guarantee of such Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy LawCode, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations Obligations of each such Guarantor shall be limited to the maximum amount that shall, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations Obligations of such other Guarantor under this Article 1110, result in the obligations Obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Indenture (Compass Minerals International Inc)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, laws and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11hereunder, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent conveyance or fraudulent transfer under applicable law or conveyancebeing void or voidable under any law relating to insolvency of debtors.

Appears in 1 contract

Samples: Indenture (Team Health Holdings Inc.)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations Obligations of each such Guarantor under this Article XII shall be limited to the maximum amount that as shall, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations Obligations of such other Guarantor under this Article 11XII, result in the obligations Obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Indenture (Horizon PCS Inc)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, laws and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent conveyance or fraudulent transfer or conveyanceunder applicable law.

Appears in 1 contract

Samples: Communications Sales & Leasing, Inc.

Limitation on Guarantor Liability. Each By its execution of this Eleventh Supplemental Indenture, 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations Obligations of each such Guarantor shall will be limited to the maximum amount that shallwill, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations Obligations of such other Guarantor under this Article 11Nine, result in the obligations Obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Supplemental Indenture (Tenet Healthcare Corp)

Limitation on Guarantor 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 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 to the extent applicable to any such Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that as shall, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Eleven, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Indenture (Entravision Communications Corp)

Limitation on Guarantor 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 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 to the extent applicable to any its Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that as shall, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Ten, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Windstream Services, LLC

Limitation on Guarantor 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 such Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Uni- form Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, laws and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect re- spect of the obligations of such other Guarantor under this Article 1110, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent conveyance or fraudulent transfer under appli- cable law or conveyancebeing void or voidable under any law relating to insolvency of debtors.

Appears in 1 contract

Samples: Indenture (CONDUENT Inc)

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor under this Article 12 shall be limited to the maximum amount that as shall, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 1112, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Ubiquitel Inc

Limitation on Guarantor 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 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Execution Copy (Omnicare Inc)

Limitation on Guarantor 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 such Guarantor 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations Obligations of each such Guarantor shall be limited to the maximum amount that shall, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, laws and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations Obligations of such other Guarantor under this Article 11, result in the obligations Obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Indenture (Crown Castle International Corp)

Limitation on Guarantor Liability. Each GuarantorGuarantor and, and by its acceptance of Notesa Note, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of 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 Federal or state State law to the extent applicable to any its Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall will be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Twelve, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Indenture (Centurylink, Inc)

Limitation on Guarantor Liability. Each Guarantor, and by its acceptance of NotesSecurities, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shallwill, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Section 16, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Purchase Agreement (Alpharma Inc)

Limitation on Guarantor 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 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 to the extent applicable to any such Note Guarantee. To effectuate the foregoing intention, the Trustee, and the Collateral Agent, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shallas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11Ten, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Geo Group Inc

Limitation on Guarantor Liability. Each GuarantorGuarantor confirms, and by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of 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 to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall under its Note Guarantee will be limited to the maximum amount that shallwill, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 11X, result in the obligations of such Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Indenture (Altera Infrastructure L.P.)

Limitation on Guarantor Liability. Each GuarantorGuarantor shall confirm, and by its acceptance of Notes, each HolderHolder hereby confirms, hereby confirms that it is the intention of all such parties that the Note Subsidiary Guarantee of such Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Lawbankruptcy law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to any Note Subsidiary Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each such Guarantor shall be limited to the maximum amount that shallwill, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Guarantor, as the case may be, Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under this Article 1110 [SUBSIDIARY GUARANTEES], result in the obligations of such Guarantor under its Note Subsidiary Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Collateral Trust Agreement (Aes Corp)

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