Common use of Cap Clause in Contracts

Cap. Notwithstanding any other term or condition of this Agreement to the contrary, it is agreed that the Support Provider’s maximum liability under this Agreement with respect to the Supported Debt shall not exceed the positive difference (if any) between (a) the principal amount of such Supported Debt, minus (b) the sum of (i) all payments of principal made by or on behalf of Regency in respect of such Supported Debt, plus (ii) the fair market value of any property received or cash proceeds collected or any consideration otherwise realized (including by way of set off) from or for the account of Regency pursuant to, or in connection with, the principal amount of such Supported Debt, including, but not limited to, any property or cash proceeds collected or realized from the exercise of any rights and remedies at law or in equity that the holders of such Supported Debt may have against Regency or any collateral securing such Supported Debt, plus (iii) any principal amount of such Supported Debt which is forgiven or otherwise voluntarily compromised by the holders of such Supported Debt. The Support Provider shall have no obligation to make a payment hereunder with respect to any accrued and unpaid interest or any other costs, fees, expenses, penalties, charges or other amounts of any kind whatsoever that may be owed by Regency Subsidiary Guarantor or Regency, whether on or related to the Supported Debt or otherwise.

Cap. Notwithstanding any other term or condition of this Agreement to the contrary, it is agreed that the Support Provider’s maximum liability under this Agreement with respect to the Supported Debt shall not exceed the positive difference (if any) between (ai) the principal amount of such Supported Debt, minus (bii) the sum of (iA) all payments of principal made by or on behalf of Regency the Sunoco Issuers in respect of such Supported Debt, plus (iiB) the fair market value of any property received or cash proceeds collected or any consideration otherwise realized (including by way of set off) from or for the account of Regency the Sunoco Issuers pursuant to, or in connection with, the principal amount of such Supported Debt, including, but not limited to, any property or cash proceeds collected or realized from the exercise of any rights and remedies at law or in equity that the holders of such Supported Debt Holders may have against Regency the Sunoco Issuers or any collateral securing such Supported Debt, plus (iiiC) any principal amount of such Supported Debt which is forgiven or otherwise voluntarily compromised by the holders of Holders (such Supported Debtamount, the “Support Cap”). The Support Provider shall have no obligation to make a payment hereunder with respect to any accrued and unpaid interest or any other costs, fees, expenses, penalties, charges or other amounts of any kind whatsoever that may be owed by Regency Subsidiary Guarantor or Regencythe Sunoco Issuers, whether on or related to the Supported Debt or otherwise.

Cap. Notwithstanding any other term or condition of this Agreement to the contrary, it is agreed that the Support Provider’s maximum liability under this Agreement with respect to the Supported Debt shall not exceed the positive difference (if any) between (ai) the principal amount of such Supported Debt, minus (bii) the sum of (iA) all payments of principal made by or on behalf of Regency the Sunoco Borrower in respect of such Supported Debt, plus (iiB) the fair market value of any property received or cash proceeds collected or any consideration otherwise realized (including by way of set off) from or for the account of Regency the Sunoco Borrower pursuant to, or in connection with, the principal amount of such Supported Debt, including, but not limited to, any property or cash proceeds collected or realized from the exercise of any rights and remedies at law or in equity that the holders of such Supported Debt may have against Regency the Sunoco Borrower or any collateral securing such Supported Debt, plus (iiiC) any principal amount of such Supported Debt which is forgiven or otherwise voluntarily compromised by the holders of such Supported DebtDebt (such amount, the "Support Cap"). Each reference in this Agreement to "holders" of Supported Debt shall be deemed to also include any agent acting on behalf of such holders. The Support Provider shall have no obligation to make a payment hereunder with respect to any accrued and unpaid interest or any other costs, fees, expenses, penalties, charges or other amounts of any kind whatsoever that may be owed by Regency Subsidiary Guarantor or RegencySunoco Borrower, whether on or related to the Supported Debt or otherwise.

Cap. Notwithstanding any other term or condition of this Agreement to the contrary, it is agreed that the Support Provider’s maximum liability under this Agreement with respect to the Supported Debt shall not exceed the positive difference (if any) between (ai) the principal amount of such Supported Debt, minus (bii) the sum of (iA) all payments of principal made by or on behalf of Regency the Sunoco Issuers in respect of such Supported Debt, plus (iiB) the fair market value of any property received or cash proceeds collected or any consideration otherwise realized (including by way of set off) from or for the account of Regency the Sunoco Issuers pursuant to, or in connection with, the principal amount of such Supported Debt, including, but not limited to, any property or cash proceeds collected or realized from the exercise of any rights and remedies at law or in equity that the holders of such Supported Debt applicable Holders may have against Regency the Sunoco Issuers or any collateral securing such Supported Debt, plus (iiiC) any principal amount of such Supported Debt which is forgiven or otherwise voluntarily compromised by the holders of applicable Holders (such Supported Debtamount, the “Support Cap”). The Support Provider shall have no obligation to make a payment hereunder with respect to any accrued and unpaid interest or any other costs, fees, expenses, penalties, charges or other amounts of any kind whatsoever that may be owed by Regency Subsidiary Guarantor or Regencythe Sunoco Issuers, whether on or related to the Supported Debt or otherwise.