ADJUSTMENTS TO MAXIMUM LIABILITY. Anything in this Agreement to the contrary notwithstanding, in no event shall the amount of the Obligations secured by this Agreement exceed the maximum amount that (after giving effect to the incurring of the obligations hereunder and to any rights to contribution of Mortgagor from other affiliates of Borrower) would not render the rights to payment of Administrative Agent and the Lenders hereunder void, voidable or avoidable under any applicable fraudulent transfer law.
Appears in 3 contracts
Samples: Open End Mortgage (Hawk Corp), Open End Mortgage (Hawk Corp), Mortgage, Assignment of Leases and Rents and Fixture Filing (Hawk Corp)
ADJUSTMENTS TO MAXIMUM LIABILITY. Anything in this Agreement to the contrary notwithstanding, in no event shall the amount of the Obligations secured by this Agreement exceed the maximum amount that (after giving effect to the incurring of the obligations hereunder and to any rights to contribution of Mortgagor from other affiliates of Borrowerthe Borrowers) would not render the rights to payment of Administrative Agent and the Lenders hereunder void, voidable or avoidable under any applicable fraudulent transfer law.
Appears in 2 contracts
Samples: Mortgage, Assignment of Leases and Rents and Fixture Filing (Hawk Corp), Open End Mortgage, Assignment of Leases and Rents and Fixture Filing (Hawk Corp)
ADJUSTMENTS TO MAXIMUM LIABILITY. Anything in this Agreement to the contrary notwithstanding, in no event shall the amount of the Obligations secured by this Agreement exceed the maximum amount that (after giving effect to the incurring of the obligations hereunder and to any rights to contribution of Mortgagor from other affiliates of BorrowerBorrowers) would not render the rights to payment of Administrative Agent and the Lenders hereunder void, voidable or avoidable under any applicable fraudulent transfer law.
Appears in 1 contract
Samples: Mortgage, Assignment of Leases and Rents and Fixture Filing (Hawk Corp)