Limitation on Obligations of Guarantor. The obligations of each Guarantor under its Secured Guarantee shall be limited to an aggregate amount equal to the largest amount that would not render such Secured Guarantee subject to avoidance under Section 548 of the United States Bankruptcy Code or any comparable provisions of applicable law.
Limitation on Obligations of Guarantor. The obligations of each Subsidiary that is a Guarantor under this Article 10 shall be limited to an aggregate amount equal to the largest amount that would not render such Guarantor’s obligation subject to avoidance under (i) Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Code or (ii) any comparable provisions of applicable law.
Limitation on Obligations of Guarantor. Notwithstanding anything to the contrary herein, it is the intention of the parties hereto that the Guarantee of each Guarantor not constitute a fraudulent conveyance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of applicable state law. To effectuate that intention, the parties hereto hereby agree that the obligations of each Guarantor under its Guarantee are limited to the maximum amount that would not render such Guarantor’s obligations subject to avoidance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of applicable state law.
Limitation on Obligations of Guarantor. The Guarantors and by their acceptance hereof each Holder confirms that it is the intention of all such parties that the Guarantees do not constitute a fraudulent transfer or conveyance for purposes of the Federal Bankruptcy Code, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law or the provisions of its local law relating to fraudulent transfer or conveyance (including, with respect to Irish law, Section 286 of the Companies Xxx 0000 (as amended) of Ireland and Section 139 of the Companies Xxx 0000 of Ireland). The obligations of the Guarantors under this Article Seventeen shall be limited to an aggregate amount equal to the largest amount that would not render the Guarantors’ obligation a fraudulent conveyance or subject to avoidance under (i) Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Code, (ii) Section 2:207c of the Dutch Civil Code, (iii) Section 60 of the Companies Xxx 0000 (as amended) of Ireland, or (iv) any comparable provisions of applicable law.
Limitation on Obligations of Guarantor. The Guarantors and by their acceptance hereof each Holder confirms that it is the intention of all such parties that the Guarantees do not constitute a fraudulent transfer or conveyance for purposes of the Federal Bankruptcy Code, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law or the provisions of its local law relating to fraudulent transfer or conveyance (including, with respect to Irish law, Section 286 of the Companies Xxx 0000 (as amended) of Ireland and Section 139 of the Companies Xxx 0000 of Ireland). The obligations of the Guarantors under this Article Seventeen shall be limited to an aggregate amount equal to the largest amount that would not render the Guarantors’ obligation a fraudulent conveyance or subject to avoidance under (i) Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Code, (ii) Section 2:207c of the Dutch Civil Code, (iii) Section 60 of the Companies Xxx 0000 (as amended) of Ireland, or (iv) any comparable provisions of applicable law. Notwithstanding the foregoing and any other provision of this Indenture to the contrary, the payment undertaking of any Guarantor which is incorporated under the laws of the Grand Duchy of Luxembourg for the obligations of any person which is not a Subsidiary of that Guarantor shall be limited at any time, to an aggregate amount not exceeding eighty-five per cent. (85%) of the greater of :
Limitation on Obligations of Guarantor. Notwithstanding any other provision hereof, (i) the obligations of each Guarantor under its Guarantee shall be limited to an aggregate amount equal to the largest amount that would not render such Guarantee invalid or unenforceable under Applicable Laws and (ii) the amount of the liability of each Guarantor for the Canadian CA Secured Obligations (A) pursuant to Section 2.14(a) of the Credit Agreement or Section 2.14(b) of the Credit Agreement, to the extent Section 2.14(b) relates to Loans or Letters of Credit, shall be limited to amounts so owing with respect to the increased costs or reduced rates of return arising from Loans to, or Letters of Credit issued for the account of, the Canadian Borrower and (B) except as set out in (A) above, pursuant to Section 2.14(b), shall be limited, at any particular time, to the amount which is proportionate to the ratio of the aggregate outstanding principal amount of Loans to, and the aggregate of the LC Exposure and LC Reimbursement Obligations with respect to Letters of Credit issued for the account of, the Canadian Borrower to the aggregate outstanding principal amount of Loans to, and the aggregate of the LC Exposure and LC Reimbursement Obligations with respect to Letters of Credit issued for the account of, all Borrowers at such time.
Limitation on Obligations of Guarantor. The Guarantors and by their acceptance hereof each Holder confirms that it is the intention of all such parties that the Guarantees do not constitute a fraudulent transfer or conveyance for purposes of the Federal Bankruptcy Code. The Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law or the provisions of its local law relating to fraudulent transfer or conveyance (including, with respect to Irish law, Section 286 of the Companies Act 1963 (as amended) of Ireland and Section 139 of the Companies Act 1990 of Ireland). The obligations of the Guarantors under this Article Fourteen shall be limited to an aggregate amount equal to the largest amount that would not render the Guarantors’ obligation a fraudulent conveyance or subject to avoidance under (i) Section 548 of the United States Bankruptcy Code, (ii) Section 60 of the Companies Act 1963 (as amended) of Ireland, or (iii) any comparable provisions of applicable law.
Limitation on Obligations of Guarantor. The obligations of each Guarantor under this Article 9 shall be limited to an aggregate amount equal to the largest amount that would not render such Guarantor’s obligation subject to avoidance under (i) Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Code, (ii) Section 2:207c of the Dutch Civil Code, or (iii) any comparable provisions of applicable law.
Limitation on Obligations of Guarantor a. Notwithstanding anything to the contrary herein, the total obligations of Guarantor hereunder, whether for the payment of any Rent and/or the performance of any of the obligations of Tenant under the Lease, shall be limited to an amount which is equal to the lesser of (i) $10,000,000 or (ii) the Maximum Formula Amount. The term "
Limitation on Obligations of Guarantor. (a) Notwithstanding anything to the contrary contained in this Guaranty, no Loans which have been prepaid or repaid and then re-borrowed shall be covered by the Guarantor's guaranty and other obligations under section 2 of this Guaranty unless such re-borrowing is consented to in writing by the Guarantor, PROVIDED that this clause shall not apply to the prepayment or repayment, and contemporaneous re-borrowing, of any Loans effected solely to accommodate the joinder in the Credit Agreement of the additional Lender providing the Incremental Commitment, as contemplated by section 2.1(f) of the Credit Agreement, and no (i) increase in the maximum aggregate principal amount of the Loans above $75,000,000; (ii) increases in the interest rate or rates applicable to the Loan, other than fluctuations in the Prime Rate or Applicable LIBOR Rate or a change to the Default Rate pursuant to the terms of the Notes or Credit Agreement; or (iii) changes in the maturity dates of the Loans, unless extended pursuant to Section 2.7 of the Credit Agreement or unless accelerated by the Administrative Agent pursuant to the terms of the Credit Agreement, shall be binding upon the Guarantor for purposes of this Guaranty unless such increases or changes are consented to in writing by the Guarantor.
