Net Worth Limitation. Notwithstanding any other provision of this Indenture or the Securities, the Security Guarantee shall not be enforceable against the Guarantor in an amount in excess of the net worth of the Guarantor at the time that determination of such net worth is, under applicable law, relevant to the enforceability of the Security Guarantee. Such net worth shall include any claim of the Guarantor against the Company for reimbursement and any claim against any grantor of a Subsidiary Guarantee for contribution.
Appears in 4 contracts
Samples: Impsat Fiber Networks Inc, Impsat Fiber Networks Inc, Impsat Fiber Networks Inc
Net Worth Limitation. Notwithstanding any other provision of this Indenture or the Securities, the Security Securities Guarantee shall not be enforceable against the Guarantor in an amount in excess of the net worth of the Guarantor at the time that determination of such net worth is, under applicable law, relevant to the enforceability of the Security Securities Guarantee. Such net worth shall include any claim or future claim of the Guarantor against the Company for reimbursement and any claim against any grantor of a Subsidiary Guarantee for contribution.
Appears in 1 contract
Samples: Indenture (Kansas City Southern)
Net Worth Limitation. Notwithstanding any other -------------------- provision of this Indenture or the Securities, the Security Guarantee shall not be enforceable against the Guarantor in an amount in excess of the net worth of the Guarantor at the time that determination of such net worth is, under applicable law, relevant to the enforceability of the Security Guarantee. Such net worth shall include any claim of the Guarantor against the Company for reimbursement and any claim against any grantor of a Subsidiary Guarantee for contribution.
Appears in 1 contract
Samples: Icg Communications Inc
Net Worth Limitation. Notwithstanding any other provision of this Indenture or the SecuritiesSecurities of any series, the Security Guarantee shall not be enforceable against the any Guarantor in an amount in excess of the net worth of the such Guarantor at the time that determination of such net worth is, under applicable law, relevant to the enforceability of the Security Guarantee. Such net worth shall include any claim of the any Guarantor against the Company for reimbursement and any claim against any grantor of a Subsidiary Security Guarantee for contribution.
Appears in 1 contract
Samples: Indenture (Amber Air Freight Corp)