Fraudulent Conveyance; Etc Sample Clauses
Fraudulent Conveyance; Etc. It is the desire and intent of each Pledgor and the Secured Parties that this Agreement shall be enforced against each Pledgor to the fullest extent permissible under the laws and public policies applied in each jurisdiction in which enforcement is sought. Notwithstanding anything to the contrary contained herein, in furtherance of the foregoing, it is noted that the obligations of each Borrower constituting a Pledgor are limited as, and to the extent, provided in Section 10.10 of the Credit Agreement.
Fraudulent Conveyance; Etc. It is the desire and intent of each Debtor and the Secured Parties that this Agreement shall be enforced against each Debtor to the fullest extent permissible under the laws and public policies applied in each jurisdiction in which enforcement is sought. Notwithstanding anything to the contrary contained herein, in furtherance of the foregoing, it is noted that the obligations of each Borrower constituting a Debtor are limited as, and to the extent, provided in Section 10.10 of the Credit Agreement.
Fraudulent Conveyance; Etc. It is the desire and intent of each Assignor and the Secured Creditors that this Agreement shall be enforced against each Assignor to the fullest extent permissible under the laws and public policies applied in each jurisdiction in which enforcement is sought. Notwithstanding anything to the contrary contained herein, in furtherance of the foregoing, it is noted that the obligations of each Subsidiary Guarantor constituting an Assignor are limited as, and to the extent, provided in Section 24 of the Subsidiaries Guaranty.
Fraudulent Conveyance; Etc. It is the desire and intent of the Guarantors and the Secured Parties that this Guaranty shall be enforced against the Guarantors to the fullest extent permissible under
Fraudulent Conveyance; Etc. If the Guaranty Obligations of any Borrower hereunder would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of such Borrower’s Guaranty Obligations, then, notwithstanding any other provision to the contrary, the amount of such Guaranty Obligations shall, without any further action by such Borrower, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in any action or proceeding. Notwithstanding anything in this Agreement to the contrary, the Guaranty Obligations of any Borrower hereunder shall be limited to the maximum amount which would not result in any one of the following conditions:
(a) such ▇▇▇▇▇▇▇▇’s Guaranty Obligations would constitute a fraudulent transfer within the meaning of Section 548(a) of the U.S. Bankruptcy Code;
(b) such Borrower’s Guaranty Obligations would constitute a fraudulent transfer within the meaning of Ind. Code § 32-18-2-1, et seq.; or
(c) such Borrower’s Guaranty Obligations would constitute a fraudulent conveyance or fraudulent transfer within the meaning of any other applicable Federal or state bankruptcy, insolvency or other similar law or judicial decision.
