Net Worth Limitation. Notwithstanding any other provision of this Indenture or the Notes, the Note Guarantee shall not be enforceable against any Guarantor in an amount in excess of the net worth of such Guarantor at the time that determination of such net worth is, under applicable law, relevant to the enforceability of the Note Guarantee. Such net worth shall include any claim of any Guarantor against the Company for reimbursement and any claim against any grantor of a Subsidiary Guarantee for contribution.
Appears in 4 contracts
Samples: Indenture (Amtran Inc), Indenture (Amtran Inc), American Trans Air Execujet Inc
Net Worth Limitation. Notwithstanding any other provision of this Indenture or the Notes, the Note Guarantee shall not be enforceable against any the Guarantor in an amount in excess of the net worth of such the Guarantor at the time that determination of such net worth is, under applicable law, relevant to the enforceability of the Note Guarantee. Such net worth shall include any claim of any the Guarantor against the Company for reimbursement and any claim against any grantor of a Subsidiary Guarantee for contribution.
Appears in 2 contracts
Samples: Indenture (Orionnet Finance Corp), Indenture (Orionnet Finance Corp)
Net Worth Limitation. Notwithstanding any other provision of this Indenture or the Notes, the Note Guarantee shall not be enforceable against any the Guarantor in an amount in excess of the net worth of such the Guarantor at the time that determination of such net worth is, under applicable law, relevant to the enforceability of the Note Guarantee. Such net worth shall include any claim of any the Guarantor against the Company for reimbursement and any claim against any grantor of a Subsidiary Guarantee for contribution.
Appears in 1 contract
Samples: Acme Metals Inc /De/
Net Worth Limitation. Notwithstanding any other provision of this Indenture or the Notes, the Note Guarantee shall not be enforceable against any the Guarantor in an amount in excess of the net worth of such the Guarantor at the time that determination of such net worth is, under applicable law, relevant to the enforceability of the Note Guarantee. Such net worth shall include any claim or future claim of any the Guarantor against the Company Issuer for reimbursement and any claim against any grantor of a Subsidiary Guarantee for contribution.
Appears in 1 contract
Samples: Collateral Pledge and Security Agreement (RSL Communications PLC)
