Common use of Fraudulent Transfer Limitation Clause in Contracts

Fraudulent Transfer Limitation. If, in any action to enforce this Guaranty, any court of competent jurisdiction determines that enforcement against any Guarantor for the full amount of the Guaranteed Obligations is not lawful under or would be subject to avoidance under Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Code or any applicable provision of any comparable law of any state or other jurisdiction, the liability of such Guarantor under this Guaranty shall be limited to the maximum amount lawful and not subject to such avoidance.

Appears in 10 contracts

Samples: Security Agreement (Satcon Technology Corp), Credit Agreement (Flextronics International LTD), Loan Agreement (Palm Inc)

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Fraudulent Transfer Limitation. If, in any action to enforce this Guaranty or any proceeding to allow or adjudicate a claim under this Guaranty, any a court of competent jurisdiction determines that enforcement of this Guaranty against any Guarantor for the full amount of the Guaranteed Obligations is not lawful under under, or would be subject to avoidance under Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx under, Section 548 of the Bankruptcy Code or any applicable provision of any comparable law of any state or other jurisdictionlaw, the liability of such Guarantor under this Guaranty shall be limited to the maximum amount lawful and not subject to avoidance under such avoidancelaw.

Appears in 7 contracts

Samples: Revolving Credit Agreement (Realty Income Corp), Warrant Agreement (Us Home & Garden Inc), Revolving Credit Agreement (Realty Income Corp)

Fraudulent Transfer Limitation. If, in any action to enforce this Guaranty, any court of competent jurisdiction determines that enforcement against any Guarantor for the full amount of the Guaranteed Obligations is not lawful under or would be subject to avoidance under Xxxxxxx Sectxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Xxxkruptcy Code or any applicable provision of any comparable law of any state or other jurisdiction, the liability of such Guarantor under this Guaranty shall be limited to the maximum amount lawful and not subject to such avoidance.

Appears in 5 contracts

Samples: Credit Agreement (Flextronics International LTD), Credit Agreement (Flextronics International LTD), Assignment Agreement (Flextronics International LTD)

Fraudulent Transfer Limitation. If, in any action to enforce this Guaranty, any court of competent jurisdiction determines that enforcement against any Guarantor for the full amount of the Guaranteed Obligations is not lawful under or would be subject to avoidance under Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Code or any applicable provision of any comparable law of any state or other jurisdiction, the liability of such Guarantor under this Guaranty shall be limited to the maximum amount lawful and not subject to such avoidance.

Appears in 3 contracts

Samples: Guaranty and Security Agreement (Entropic Communications Inc), Security Agreement (Indus International Inc), Credit Agreement (Quantum Corp /De/)

Fraudulent Transfer Limitation. If, in any action to enforce this Personal Guaranty, any court of competent jurisdiction determines that enforcement against any Guarantor for the full amount of the Guaranteed Obligations is not lawful under or would be subject to avoidance under Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Code or any applicable provision of any comparable law of any state or other jurisdiction, the liability of such Guarantor under this Personal Guaranty shall be limited to the maximum amount lawful and not subject to such avoidance.

Appears in 3 contracts

Samples: Investment Agreement (Aviator Ales Inc), Personal Guaranty (Mile High Brewing Co), Credit Agreement (Mile High Brewing Co)

Fraudulent Transfer Limitation. If, in any action to enforce this Guaranty, any court of competent jurisdiction determines that enforcement against any Guarantor for the full amount of the Guaranteed Obligations is not lawful under or would be subject to avoidance under Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Section 548 of the Bankruptcy Code or any applicable provision of any comparable law of any state or other jurisdiction, the liability of such Guarantor under this Guaranty shall be limited to the maximum amount lawful and not subject to such avoidance.

Appears in 3 contracts

Samples: Assignment Agreement (Lsi Logic Corp), Assignment Agreement (Lsi Logic Corp), Credit Agreement (Lsi Logic Corp)

Fraudulent Transfer Limitation. If, in any action to enforce this Guaranty, any court of competent jurisdiction determines that enforcement against any Guarantor for of the full amount of the Guaranteed Obligations is not lawful under or would be subject to avoidance under Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Code or any applicable provision of any comparable law of any state or other jurisdiction, the liability of such Guarantor under this Guaranty shall be limited to the maximum amount lawful and not subject to such avoidance.

Appears in 2 contracts

Samples: Loan Agreement (Onepoint Communications Corp /De), Loan Agreement (Onepoint Communications Corp /De)

Fraudulent Transfer Limitation. If, in any action to ------------------------------ enforce this Guaranty or any proceeding to allow or adjudicate a claim under this Guaranty, any a court of competent jurisdiction determines that enforcement of this Guaranty against any Guarantor for the full amount of the Guaranteed Obligations is not lawful under under, or would be subject to avoidance under Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx under, Section 548 of the Bankruptcy Code or any applicable provision of any comparable law of any state or other jurisdictionlaw, the liability of such Guarantor under this Guaranty shall be limited to the maximum amount lawful and not subject to avoidance under such avoidancelaw.

Appears in 1 contract

Samples: Subsidiary Guaranty (P Com Inc)

Fraudulent Transfer Limitation. If, in any action to enforce this Guaranty, any court of competent jurisdiction determines that enforcement against any Guarantor for the full amount of the Guaranteed Obligations is not lawful under or would be subject to avoidance under Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Section 548 of the United States Bankruptcy Code or any applicable provision of any comparable applixxxxx xxxxxxxxx xx xxx xxxxxxxxxe law of any state or other jurisdiction, the liability of such Guarantor under this Guaranty shall be limited to the maximum amount lawful and not subject to such avoidance.

Appears in 1 contract

Samples: Credit Agreement (Flextronics International LTD)

Fraudulent Transfer Limitation. If, in any action to enforce this Guaranty or any proceeding to allow or adjudicate a claim under this Guaranty, any a court of competent jurisdiction determines that enforcement of this Guaranty against any Guarantor for the full amount of the Guaranteed Obligations is not lawful under under, or would be subject to avoidance under Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx under, Section 548 of the Bankruptcy 109 Code or any applicable provision of any comparable law of any state or other jurisdictionlaw, the liability of such Guarantor under this Guaranty shall be limited to the maximum amount lawful and not subject to avoidance under such avoidancelaw.

Appears in 1 contract

Samples: Pledge Agreement (Ocular Sciences Inc /De/)

Fraudulent Transfer Limitation. If, in any action to enforce this Guaranty, any court of competent jurisdiction determines that enforcement against any Guarantor for the full amount of the Guaranteed Obligations is not lawful under or would be subject to avoidance under Xxxxxxx Sectxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Xxxkruptcy Code or any applicable provision of any comparable law of any state or other jurisdiction, the liability of such Guarantor under this Guaranty shall be limited to the maximum amount lawful and not subject to such avoidance.

Appears in 1 contract

Samples: Guaranty (Lam Research Corp)

Fraudulent Transfer Limitation. If, in any action to enforce this Guaranty, any court of competent jurisdiction determines that enforcement against any Subsidiary Guarantor for the full amount of the Guaranteed Obligations is not lawful under or would be subject to avoidance under Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Code or any applicable provision of any comparable law of any state or other jurisdiction, the liability of such Subsidiary Guarantor under this Guaranty shall be limited to the maximum amount lawful and not subject to such avoidance.

Appears in 1 contract

Samples: Subsidiary Guaranty (Vantagepoint Venture Partners 1996)

Fraudulent Transfer Limitation. If, in any action to enforce this Guaranty, any court of competent jurisdiction determines that enforcement against any Guarantor for the full amount of the Guaranteed Obligations is not lawful under or would be subject to avoidance under Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Section 548 of the United States Bankruptcy Code or any applicable provision of any comparable law xxxxxxxxx xx xxx xxxxxxxxxx xxx of any state or other jurisdiction, the liability of such Guarantor under this Guaranty shall be limited to the maximum amount lawful and not subject to such avoidance.

Appears in 1 contract

Samples: Reimbursement Agreement (DSL Net Inc)

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Fraudulent Transfer Limitation. If, in any action to enforce this Guarantyguaranty, any court of competent jurisdiction determines that enforcement of it against any Guarantor for the full amount of the Guaranteed Obligations is not lawful under or would be subject to avoidance under Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Section 548 of the Bankruptcy Code (Title 11, United States Code) or any applicable provision of successor statute, or any comparable law of any state or other jurisdictionlaw, the liability of such Guarantor under this Guaranty guaranty shall be limited to the maximum amount lawful and not subject to such avoidance.

Appears in 1 contract

Samples: Owens Realty Mortgage, Inc.

Fraudulent Transfer Limitation. If, in any action to enforce this Guaranty, any court of competent jurisdiction determines that enforcement against any Guarantor for the full amount of the Guaranteed Obligations is not lawful under or would be subject to avoidance under Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Section 548 of the United States Bankruptcy Code or any applicable provision of any comparable law of prxxxxxxx xx xxx xxxxxxxxxx xxx xx any state or other jurisdiction, the liability of such Guarantor under this Guaranty shall be limited to the maximum amount lawful and not subject to such avoidance.

Appears in 1 contract

Samples: Guaranty (Chadmoore Wireless Group Inc)

Fraudulent Transfer Limitation. If, in any action to enforce this Guaranty, any court of competent jurisdiction determines that enforcement against any Subsidiary Guarantor for the full amount of the Guaranteed Obligations is not lawful under or would be subject to avoidance under Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Section 548 of the United States Bankruptcy Code or any applicable provision of any comparable law of any state or other jurisdiction, the liability of such Subsidiary Guarantor under this Guaranty shall be limited to the maximum amount lawful and not subject to such avoidance.

Appears in 1 contract

Samples: Credit Agreement (Columbia Capital LLC)

Fraudulent Transfer Limitation. If, in any action to enforce this Guaranty, any court of competent jurisdiction determines that enforcement against any Guarantor for the full amount of the Guaranteed Obligations is not lawful under or would be subject to avoidance under Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Section 548 of the United States Bankruptcy Code or any applicable provision of any comparable applxxxxxx xxxxxxxxx xx xxx xxxxxxxxle law of any state or other jurisdiction, the liability of such Guarantor under this Guaranty shall be limited to the maximum amount lawful and not subject to such avoidance.

Appears in 1 contract

Samples: Credit Agreement (Flextronics International LTD)

Fraudulent Transfer Limitation. If, in any action to enforce this Guaranty, any court of competent jurisdiction determines that enforcement against any Subsidiary Guarantor for the full amount of the Guaranteed Obligations is not lawful under or would be subject to avoidance under Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Section 548 of the United States Bankruptcy Code or any applicable provision of any comparable law xxxxxxxxx xx xxx xxxxxxxxxx xxx of any state or other jurisdiction, the liability of such Subsidiary Guarantor under this Guaranty shall be limited to the maximum amount lawful and not subject to such avoidance.

Appears in 1 contract

Samples: Credit Agreement (DSL Net Inc)

Fraudulent Transfer Limitation. If, in any action to enforce this Guaranty or any proceeding to allow or adjudicate a claim under this Guaranty, any a court of competent jurisdiction determines that enforcement of this Guaranty against any Guarantor for the full amount of the Guaranteed Obligations is not lawful under under, or would be subject to avoidance under under, Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Code or any applicable provision of any comparable law of any state or other jurisdictionlaw, the liability of such Guarantor under this Guaranty shall be limited to the maximum amount lawful and not subject to avoidance under such avoidancelaw.

Appears in 1 contract

Samples: Security Agreement (Evergreen International Aviation Inc)

Fraudulent Transfer Limitation. If, in any action to enforce this Subsidiary Guaranty, any court of competent jurisdiction determines that enforcement against any Guarantor for the full amount of the Guaranteed Obligations is not lawful under or would be subject to avoidance under Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Code or any applicable provision of any comparable law of any state or other jurisdiction, the liability of such Guarantor under this Subsidiary Guaranty shall be limited to the maximum amount lawful and not subject to such avoidance.

Appears in 1 contract

Samples: Execution (Drew Industries Incorporated)

Fraudulent Transfer Limitation. If, in any action to enforce this Guaranty or any proceeding to allow or adjudicate a claim under this Guaranty, any a court of competent jurisdiction determines that enforcement of this Guaranty against any Guarantor for the full amount of the Guaranteed Obligations is not lawful under under, or would be subject to avoidance under Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx under, Section 548 of the United States Bankruptcy Code or any applicable provision of any comparable law of any state or other jurisdictionprxxxxxxx xx xxxxxxxxxx xxxxx xxx, the liability of such Guarantor under this Guaranty shall be limited to the maximum amount lawful and not subject to avoidance under such avoidancelaw.

Appears in 1 contract

Samples: Security Agreement (Us Home & Garden Inc)

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