Maximum Guarantied Amount definition

Maximum Guarantied Amount means the greater of (a) the amount of economic benefit received (directly or indirectly) by the Guarantor pursuant to the Loan Agreement and the other Loan Documents, and (b) the maximum amount which could be paid out by the Guarantor without rendering this Guaranty void or voidable under Applicable Law, including, without limitation, (i) Title 11 of the United States Code, as amended and (ii) applicable state law regarding fraudulent conveyances.
Sample 1
Maximum Guarantied Amount means an amount equal to [i] 89% of Project Costs incurred at the time of the calculation of the Maximum Guarantied Amount, minus [ii] any amounts previously paid by Guarantor, Developer or Tenant in connection with the exercise by Landlord of its remedies under the Lease and other Lease Documents, including but not limited to [a] indemnification payments arising from any claim or loss asserted against Landlord resulting from the acts or omissions of Developer, Guarantor or Tenant in connection with the construction of the Facility including without limitation, insurance deductibles actually paid by Guarantor, Developer or Tenant under insurance policies, [b] amounts drawn by Landlord on the Letter of Credit, [c] amounts deposited with Landlord under Section 2.5 of this Agreement, and [d] amounts paid by Guarantor under Section 8.2(l) of the Lease plus [iii] 100% of all losses suffered or incurred by Landlord exclusively in connection with the acquisition of the Land.
Sample 1
Maximum Guarantied Amount as to any Subsidiary Guarantor shall mean the greatest of, in the sole judgment and at the election of Bank (i) the reasonably equivalent value actually received by such Subsidiary Guarantor as a result of the indebtedness (including, without limitation, investments made in, and capital contributions or advances made to, such Subsidiary Guarantor, directly or indirectly, by any Borrower with the proceeds of any credit extended under the any agreement relating to the indebtedness), in exchange for or in connection with its guaranty of the indebtedness, and (ii) 95% of the "Qualified Net Worth" of such Subsidiary Guarantor, as of the date hereof, and (iii) 95% of the "Qualified Net Worth" of such Subsidiary Guarantor, as of the date demand for payment is made under this guaranty.
Sample 1

Examples of Maximum Guarantied Amount in a sentence

  • Should an Event of Default occur during the Construction Term, Landlord's remedies against Tenant, Guarantor and Developer shall be limited to [i] those remedies described in subsections (a), (b), (c), (f), (g), (h), (k), and (l) of Section 8.2, but in no event shall the maximum amount for which Tenant, Developer and Guarantor may be liable exceed the Maximum Guarantied Amount and [ii] subsection (d), (i), and (j) of Section 8.2.

  • Anything contained in this Guaranty to the contrary ----------- notwithstanding, this Guaranty shall terminate on the earlier to occur of (i) July 31, 2002, or if on such date an Event of Default has occurred and is continuing, the first date thereafter upon which no Event of Default has occurred and is continuing, or (ii) the payment of the Maximum Guarantied Amount pursuant to the Limited Guaranty.

  • Anything in this Guaranty to be contrary notwithstanding, it is the intention of the Guarantor and the Guarantied Parties, that the Guarantor's obligations hereunder shall be, but not in excess of, the Maximum Guarantied Amount.

  • Xxxxxx, an individual (the “Pledgor”), provided to the Agent, for the benefit of the Lenders, that certain Limited Guaranty and Suretyship Agreement, dated as of November 2, 2012 (the “Guaranty”) pursuant to which Pledgor, among other things, guarantees the payment and performance of Borrowers’ Obligations up to the Maximum Guarantied Amount (as defined therein).

  • The "Maximum Guarantied Amount" shall mean the greater of (a) the amount of economic benefit received (directly or indirectly) by the Guarantor pursuant to the Loan Agreement and the other Loan Documents, and (b) the maximum amount which could be paid out by the Guarantor without rendering this Guaranty void or voidable under Applicable Law, including, without limitation, (i) Title 11 of the United States Code, as amended and (ii) applicable state law regarding fraudulent conveyances.

  • Notwithstanding anything in this Guaranty to the contrary, it is the intention of the Guarantor and the Guarantied Parties that the Guarantor's obligations hereunder shall be, but not in excess of, the Maximum Guarantied Amount.

  • The "Maximum Guarantied Amount" shall mean the greater of (a) the amount of economic benefit received (directly or indirectly) by the Guarantor pursuant to the Loan Agreement and the other Loan Documents, and (b) the maximum amount which could be paid out by the Guarantor without rendering this Guaranty void or voidable under Applicable Law including, without limitation, (i) Title 11 of the United States Code, as amended, and (ii) applicable state law regarding fraudulent conveyances.


More Definitions of Maximum Guarantied Amount

Maximum Guarantied Amount means the lesser of (a) ------------------------- $500,000, and (b) the result of (i) (A) $4,000,000 minus (B) Borrowers' Excess Availability (as such term is defined in the Loan Agreement on the date hereof), divided by (ii) 3.
Sample 1
Maximum Guarantied Amount shall have the meaning given to such term in Section 11.01(b).
Sample 1

Related to Maximum Guarantied Amount

  • Maximum Loan Amount has the meaning set forth in Section 2.1(a).

  • Maximum Face Amount means, with respect to any outstanding Letter of Credit, the face amount of such Letter of Credit including all automatic increases provided for in such Letter of Credit, whether or not any such automatic increase has become effective.

  • Maximum Revolving Advance Amount means $35,000,000.

  • Maximum Facility Amount means the aggregate Commitments as then in effect, which amount shall not exceed $200,000,000; provided that at all times after the Reinvestment Period, the Maximum Facility Amount shall mean the aggregate Advances Outstanding at such time.

  • Maximum Revolver Amount means $100,000,000, decreased by the amount of reductions in the Revolver Commitments made in accordance with Section 2.4(c) of the Agreement.

  • Maximum Credit Amount means, as to each Lender, the amount set forth opposite such Lender’s name on Annex I under the caption “Maximum Credit Amounts”, as the same may be (a) reduced or terminated from time to time in connection with a reduction or termination of the Aggregate Maximum Credit Amounts pursuant to Section 2.06(b) or (b) modified from time to time pursuant to any assignment permitted by Section 12.04(b).

  • Maximum Revolving Credit Amount means $85,000,000.00.

  • Maximum Commitment Amount means Five Million Dollars ($5,000,000.00).

  • Maximum Limit means that number of issued Shares representing 10% of the total number of issued Shares as at the date of the passing of this Resolution (excluding any Shares which are held as treasury shares as at that date); and

  • Aggregate Revolving Commitment Amount means the aggregate principal amount of the Aggregate Revolving Commitments from time to time. On the Closing Date, the Aggregate Revolving Commitment Amount is $300,000,000.

  • Increased Amount of any Indebtedness shall mean any increase in the amount of such Indebtedness in connection with any accrual of interest, the accretion of accreted value, the amortization of original issue discount, the payment of interest in the form of additional Indebtedness with the same terms, accretion of original issue discount or liquidation preference and increases in the amount of Indebtedness outstanding solely as a result of fluctuations in the exchange rate of currencies or increases in the value of property securing Indebtedness.

  • Maximum Lawful Rate has the meaning set forth in Section 2.7.

  • Maximum Advance Amount shall not exceed Five Hundred Thousand Dollars ($500,000) or two hundred (200%) percent of the average daily volume based on the trailing ten (10) days preceding the Drawdown Notice date whichever is of a larger value.

  • Maximum Undrawn Amount means with respect to any outstanding Letter of Credit, the amount of such Letter of Credit that is or may become available to be drawn, including all automatic increases provided for in such Letter of Credit, whether or not any such automatic increase has become effective.

  • Maximum Daily Limit means the maximum allowable "Daily Concentration" (defined above) when expressed as a concentration (e.g. mg/l), otherwise, it means the maximum allowable "Daily Quantity" as defined above, unless it is expressed as a flow quantity. If expressed as a flow quantity it means "Maximum Daily Flow" as defined in Section 22a-430-3(a) of the RCSA.

  • Credit Amount has the meaning set forth in Section 4.01(b)(ii).

  • Maximum Credit means, at any time, (a) the lesser of (i) the Revolving Credit Commitments in effect at such time and (ii) the Borrowing Base at such time minus (b) the aggregate amount of any Availability Reserve in effect at such time.

  • Maximum Incremental Amount means, at any time, the sum of (a) $1,400.0 million minus the Dollar Equivalent amount (measured at the time of incurrence) of New Term Loans, New Revolving Commitments and Permitted Alternative Incremental Facilities Debt previously established or incurred in reliance on this clause (a) plus (b) the aggregate Dollar Equivalent amount (measured at the time of prepayment or reduction) of Term Loans and Revolving Commitments outstanding on the Closing Date (or established pursuant to clause (a) above) that are optionally prepaid or optionally reduced (other than with the proceeds of long-term Indebtedness (other than borrowings under any revolving credit facility) and other than Revolving Commitments replaced with New Revolving Commitments) following the Closing Date and on or prior to such time (and, in the case of any prepayment of Term Loans pursuant to Section 2.08(d), based on the Dollar Equivalent amount (measured at the time of each applicable prepayment) expended by the Borrowers pursuant to such Section 2.08(d) and not the principal amount) plus (c) an unlimited amount so long as, in the case of this clause (c) only, on a pro forma basis (including the application of proceeds therefrom but excluding any increase in cash and cash equivalents and treating any New Revolving Commitments established pursuant to this clause (c) as fully drawn and all Permitted Alternative Incremental Facilities Debt incurred pursuant to this clause (c) as secured by Liens whether or not actually secured (but without giving effect to any substantially simultaneous incurrence of any New Term Loans, New Revolving Commitments or Permitted Alternative Incremental Facilities made pursuant to the foregoing clauses (a) and (b))), the Consolidated Secured Debt Ratio would not exceed 3.00 to 1.00 (it being understood that the Borrowers shall be deemed to have used amounts under clause (c) (to the extent compliant herewith) prior to utilization of amounts under clause (a) or (b)).