Common use of Fraudulent Transfer Limitation Clause in Contracts

Fraudulent Transfer Limitation. Anything in this Guaranty Agreement to the contrary notwithstanding, the obligations of each Guarantor hereunder shall be limited to a maximum aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance as a fraudulent transfer or conveyance under Section 548 of Title 11 of the United States Code or any applicable provisions of comparable Law (collectively, the “Fraudulent Transfer Laws”), in each case after giving effect to all other liabilities of such Guarantor, contingent or otherwise, that are relevant under the Fraudulent Transfer Laws (specifically excluding, however, any liabilities of such Guarantor in respect of intercompany indebtedness to other Loan Parties or Affiliates of other Loan Parties to the extent that such indebtedness would be discharged in an amount equal to the amount paid or property conveyed by such Guarantor under the Loan Documents) and after giving effect as assets to the value (as determined under the applicable provisions of the Fraudulent Transfer Laws) of any rights to subrogation or contribution of such Guarantor pursuant to (a) applicable Law or (b) any agreement providing for an equitable allocation among such Guarantor and other Loan Parties of obligations arising under the Loan Documents.

Fraudulent Transfer Limitation. Anything contained in this Guaranty Agreement to the contrary notwithstanding, the obligations of each Guarantor hereunder shall be limited to a maximum aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance as a fraudulent transfer or conveyance under Section 548 of Title 11 of the United States Code or any applicable provisions of comparable Law state law (collectively, the “Fraudulent Transfer Laws”), in each case after giving effect to all other liabilities of such Guarantor, contingent or otherwise, that are relevant under the Fraudulent Transfer Laws (specifically excluding, however, any liabilities of such Guarantor in respect of intercompany indebtedness to the Company or other Loan Parties or Affiliates of other Loan Parties the Company to the extent that such indebtedness would be discharged in an amount equal to the amount paid or property conveyed by such Guarantor under the Loan Documentshereunder) and after giving effect as assets to the value (as determined under the applicable provisions of the Fraudulent Transfer Laws) of any rights to subrogation or contribution of such Guarantor pursuant to (a) applicable Law or (b) any agreement providing for an equitable allocation among such Guarantor and other Loan Parties Affiliates of the Company of obligations arising under the Loan Documentsguaranties by such parties.

Fraudulent Transfer Limitation. Anything contained in this Guaranty Agreement to the contrary notwithstanding, the obligations of each Guarantor hereunder shall be limited to a maximum aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance as a fraudulent transfer or conveyance under Section 548 of Title 11 of the United States Code or any applicable provisions of comparable Law state law (collectively, the “Fraudulent Transfer Laws”), in each case after giving effect to all other liabilities of such Guarantor, contingent or otherwise, that are relevant under the Fraudulent Transfer Laws (specifically excluding, however, any liabilities of such Guarantor in respect of intercompany indebtedness to the Borrower or other Loan Parties or Affiliates of other Loan Parties the Borrower to the extent that such indebtedness would be discharged in an amount equal to the amount paid or property conveyed by such Guarantor under the Loan Documentshereunder) and after giving effect as assets to the value (as determined under the applicable provisions of the Fraudulent Transfer Laws) of any rights to subrogation or contribution of such Guarantor pursuant to (ai) applicable Law or (bii) any agreement providing for an equitable allocation among such Guarantor and other Loan Parties Affiliates of the Borrower of obligations arising under the Loan Documentsguaranties by such parties.

Fraudulent Transfer Limitation. Anything contained in this Guaranty Agreement to the contrary notwithstanding, the obligations Secured Obligations of each Guarantor Grantor hereunder shall be limited to a maximum aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance as a fraudulent transfer or conveyance under Section 548 of Title 11 of the United States Code or any applicable provisions of comparable Law state law (collectively, the “Fraudulent Transfer Laws”), in each case after giving effect to all other liabilities of such GuarantorGrantor, contingent or otherwise, that are relevant under the Fraudulent Transfer Laws (specifically excluding, however, any liabilities of such Guarantor Grantor in respect of intercompany indebtedness to the Borrower or other Loan Parties or Affiliates of other Loan Parties the Borrower to the extent that such indebtedness would be discharged in an amount equal to the amount paid or property conveyed by such Guarantor under the Loan DocumentsGrantor hereunder) and after giving effect as assets to the value (as determined under the applicable provisions of the Fraudulent Transfer Laws) of any rights to subrogation or contribution of such Guarantor Grantor pursuant to (ai) applicable Law law or (bii) any agreement providing for an equitable allocation among such Guarantor Grantor and other Loan Parties Affiliates of the Borrower of obligations and arising under the Loan Documents.guaranties by such parties. [Remainder of page intentionally left blank]

Fraudulent Transfer Limitation. Anything contained in this Guaranty Agreement to the contrary notwithstanding, the obligations Secured Obligations of each Guarantor Grantor hereunder shall be limited to a maximum aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance as a fraudulent transfer or conveyance under Section 548 of Title 11 of the United States Code or any applicable provisions of comparable Law state law (collectively, the “Fraudulent Transfer Laws”), in each case after giving effect to all other liabilities of such GuarantorGrantor, contingent or otherwise, that are relevant under the Fraudulent Transfer Laws (specifically excluding, however, any liabilities of such Guarantor Grantor in respect of intercompany indebtedness to the Borrower or other Loan Parties or Affiliates of other Loan Parties the Borrower to the extent that such indebtedness would be discharged in an amount equal to the amount paid or property conveyed by such Guarantor under the Loan DocumentsGrantor hereunder) and after giving effect as assets to the value (as determined under the applicable provisions of the Fraudulent Transfer Laws) of any rights to subrogation or contribution of such Guarantor Grantor pursuant to (ai) applicable Law law or (bii) any agreement providing for an equitable allocation among such Guarantor Grantor and other Loan Parties Affiliates of the Borrower of obligations and arising under the Loan Documentsguaranties by such parties.