Common use of Limitation on Amount of Subsidiary Guarantee Clause in Contracts

Limitation on Amount of Subsidiary Guarantee. Notwithstanding anything to the contrary in this Article, each Subsidiary Guarantor, and by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that the Subsidiary Guarantee of such Subsidiary Guarantor not constitute a fraudulent conveyance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of state law. To effectuate that intention, the Trustee, the Holders and the Subsidiary Guarantors hereby irrevocably agree that the obligations of each Subsidiary Guarantor under its Subsidiary Guarantee are limited to the maximum amount that would not render the Subsidiary Guarantor’s obligations subject to avoidance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of state law.

Appears in 8 contracts

Samples: Indenture, Indenture (PDC Energy, Inc.), Indenture (PDC Energy, Inc.)

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Limitation on Amount of Subsidiary Guarantee. Notwithstanding anything to the contrary in this ArticleArticle 13, each the Subsidiary Guarantor, and by its acceptance of Notes, each Holder, hereby confirms confirm that it is the intention of all such parties that the Subsidiary Guarantee of such the Subsidiary Guarantor not constitute a fraudulent conveyance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of state law. To effectuate that intention, the Trustee, the Holders and the Subsidiary Guarantors Guarantor hereby irrevocably agree that the obligations of each the Subsidiary Guarantor under its the Subsidiary Guarantee are limited to the maximum amount that would not render the Subsidiary Guarantor’s obligations subject to avoidance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of state law.

Appears in 1 contract

Samples: Indenture (Pattern Energy Group Inc.)

Limitation on Amount of Subsidiary Guarantee. Notwithstanding anything to the contrary in this Article, each Subsidiary Guarantor, and by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that the Subsidiary Guarantee of such Subsidiary Guarantor not constitute a fraudulent conveyance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision law of state lawany other jurisdiction. To effectuate that intention, the Trustee, the Holders and the Subsidiary Guarantors hereby irrevocably agree that the obligations of each Subsidiary Guarantor under its Subsidiary Guarantee are limited to an amount not to exceed the maximum amount that would not render can be guaranteed by the applicable Subsidiary Guarantor without rendering the Guarantee, as it relates to such Subsidiary Guarantor’s obligations subject to avoidance , voidable under applicable law relating to fraudulent conveyance provisions or fraudulent transfer or similar laws affecting the rights of the United States Bankruptcy Code or any comparable provision of state lawcreditors generally.

Appears in 1 contract

Samples: Indenture (China XD Plastics Co LTD)

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Limitation on Amount of Subsidiary Guarantee. Notwithstanding anything to the contrary in this ArticleArticle 14, each Subsidiary Guarantor, and by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that the Subsidiary Guarantee of such Subsidiary Guarantor not constitute a fraudulent conveyance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of state law. To effectuate that intention, the Trustee, the Holders and the Subsidiary Guarantors hereby irrevocably agree that the obligations of each Subsidiary Guarantor under its Subsidiary Guarantee are limited to the maximum amount that would not render the Subsidiary Guarantor’s obligations subject to avoidance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of state law.

Appears in 1 contract

Samples: Indenture (Cal Dive International, Inc.)

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