US Guarantors. (a) In this sub-Clause: fraudulent transfer law means any applicable United States of America bankruptcy and State fraudulent transfer and conveyance statute and any related case law. (b) Each US Guarantor acknowledges that: (i) it will receive valuable direct or indirect benefits as a result of the transactions financed by the Finance Documents; (ii) those benefits will constitute reasonably equivalent value and fair consideration for the purpose of any fraudulent transfer law; and (iii) each Finance Party has acted in good faith in connection with the guarantee given by that US Guarantor and the transactions contemplated by the Finance Documents. (c) Each Finance Party agrees that each US Guarantor’s liability under this sub-Clause is limited so that no obligation of, or transfer by, any US Guarantor under this sub-Clause is subject to avoidance and turnover under any fraudulent transfer law.
Appears in 3 contracts
Sources: Credit Agreement, Credit Agreement (Eros International PLC), Credit Facility Agreement (Eros International PLC)