Common use of AMOUNT OF GUARANTY Clause in Contracts

AMOUNT OF GUARANTY. In consummating the transactions contemplated by the Credit Agreement, Guarantor does not intend to disturb, delay, hinder, or defraud either its present or future creditors. Guarantor is familiar with, and has independently reviewed books and records regarding, the financial condition of Borrower and is familiar with the value of the security and support for the payment and performance of the Guaranteed Debt. Based upon such examination, and taking into account the fairly discounted value of Guarantor's contingent obligations under this Guaranty and the limitation of liability set forth in Section 4 hereof and the value of the subrogation and contribution claims Guarantor could make in connection with this Guaranty, and assuming each of the transaction contemplated by the Credit Agreement is consummated and Borrower makes full use of the credit facilities thereunder, the present realizable fair market value of the assets of Guarantor exceeds the total obligations of Guarantor, and Guarantor is able to realize upon its assets and pay its obligations as such obligations mature in the normal course of business.