Common use of ADJUSTMENTS TO MAXIMUM LIABILITY Clause in Contracts

ADJUSTMENTS TO MAXIMUM LIABILITY. Anything in this Section 19 to -------------------------------- the contrary notwithstanding, in no event shall the amount of the Debt secured by this Agreement as set forth in subsections 19.1 through 19.4 hereof exceed the Incurred Amount; and further provided that, if a greater amount of the Debt than the maximum liability set forth in this Section 19, (a) could be secured by Pledgor as a result of an increase in Pledgor's Adjusted Net Worth subsequent to the date of this Agreement, and (b) is equal to or less than the Incurred Amount, then the amount of Pledgor's maximum liability calculated in subsection 19.1 hereof shall be calculated based upon Xxxxxxx's Adjusted Net Worth on such later date, rather than the date of execution of this Agreement. 106

Appears in 1 contract

Samples: Assignment Agreement (Oglebay Norton Co /New/)

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ADJUSTMENTS TO MAXIMUM LIABILITY. Anything in this Section 19 17 to -------------------------------- the contrary notwithstanding, in no event shall the amount of the Debt secured by this Agreement as set forth in subsections 19.1 17.1 through 19.4 17.4 hereof exceed the Incurred Amount; and further provided that, if a greater amount of the Debt than the maximum liability set forth in this Section 1917, (a) could be secured by Pledgor as a result of an increase in Pledgor's Adjusted Net Worth subsequent to the date of this Agreement, and (b) is equal to or less than the Incurred Amount, then the amount of Pledgor's maximum liability calculated in subsection 19.1 17.1 hereof shall be calculated based upon XxxxxxxPledgor's Adjusted Net Worth on such later date, rather than the date of execution of this Agreement. 106

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (Oglebay Norton Co /New/)

ADJUSTMENTS TO MAXIMUM LIABILITY. Anything in this Section 19 17 to -------------------------------- the contrary notwithstanding, in no event shall the amount of the Debt secured by this Agreement as set forth in subsections 19.1 17.1 through 19.4 17.4 hereof exceed the Incurred Amount; and further provided that, if a greater amount of the Debt than the maximum liability set forth in this Section 1917, (a) could be secured by Pledgor as a result of an increase in Pledgor's Adjusted Net Worth subsequent to the date of this Agreement, and (b) is equal to or less than the Incurred Amount, then the amount of Pledgor's maximum liability calculated in subsection 19.1 17.1 hereof shall be calculated based upon Xxxxxxx's Adjusted Net Worth on such later date, rather than the date of execution of this Agreement. 106.

Appears in 1 contract

Samples: Assignment Agreement (Oglebay Norton Co /New/)

ADJUSTMENTS TO MAXIMUM LIABILITY. Anything in this Section 19 to -------------------------------- the contrary notwithstanding, in no event shall the amount of the Debt secured by this Agreement as set forth in subsections 19.1 through 19.4 hereof exceed the Incurred Amount; and further provided that, if a greater amount of the Debt than the maximum liability set forth in this Section 19, (a) could be secured by Pledgor as a result of an increase in Pledgor's Adjusted Net Worth subsequent to the date of this Agreement, and (b) is equal to or less than the Incurred Amount, then the amount of Pledgor's maximum liability calculated in subsection 19.1 hereof shall be calculated based upon XxxxxxxPledgor's Adjusted Net Worth on such later date, rather than the date of execution of this Agreement. 106.

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (Oglebay Norton Co /New/)

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ADJUSTMENTS TO MAXIMUM LIABILITY. Anything in this Section 19 9 to -------------------------------- the --------------------------------- contrary notwithstanding, in no event shall the amount of the Debt secured by this Agreement as set forth in subsections 19.1 9.1 through 19.4 9.4 hereof exceed the Incurred Amount; and further provided that, if a greater amount of the Debt than the maximum liability set forth in this Section 199, (a) could be secured by Pledgor as a result of an increase in Pledgor's Adjusted Net Worth subsequent to the date of this Agreementhereof, and (b) is equal to or less than the Incurred Amount, then the amount of Pledgor's maximum liability calculated in subsection 19.1 9.1 hereof shall be calculated based upon XxxxxxxPledgor's Adjusted Net Worth on such later date, rather than the date of execution of this Agreement. 106.

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (Oglebay Norton Co /New/)

ADJUSTMENTS TO MAXIMUM LIABILITY. Anything in this Section 19 9 to -------------------------------- the --------------------------------- contrary notwithstanding, in no event shall the amount of the Debt secured by this Agreement as set forth in subsections 19.1 9.1 through 19.4 9.4 hereof exceed the Incurred Amount; and further provided that, if a greater amount of the Debt than the maximum liability set forth in this Section 199, (a) could be secured by Pledgor as a result of an increase in Pledgor's Adjusted Net Worth subsequent to the date of this Agreementhereof, and (b) is equal to or less than the Incurred Amount, then the amount of Pledgor's maximum liability calculated in subsection 19.1 9.1 hereof shall be calculated based upon Xxxxxxx's Adjusted Net Worth on such later date, rather than the date of execution of this Agreement. 106.

Appears in 1 contract

Samples: Assignment Agreement (Oglebay Norton Co /New/)

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