General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, Federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Guarantor under this Agreement would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this Agreement, then, notwithstanding any other provision to the contrary, the amount of such liability shall, without any further action by any Guarantor, any creditor or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 16 contracts
Samples: Aircraft Security Agreement (Bristow Group Inc), Possession Credit Agreement (Bristow Group Inc), Credit Agreement (Bristow Group Inc)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, Federal federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Guarantor under this Agreement Section 7.01 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this AgreementSection 7.01, then, notwithstanding any other provision to the contrary, the amount of such liability shall, without any further action by any such Guarantor, any creditor Loan Party or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 13 contracts
Samples: Credit Agreement (Broder Bros., Co.), Credit Agreement (Harry & David Holdings, Inc.), Term Loan Credit Agreement (Lenox Group Inc)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, Federal federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Guarantor under this Agreement Section 7.01 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this AgreementSection 7.01, then, notwithstanding any other provision to the contrary, the amount of such liability shall, without any further action by any such Guarantor, any creditor Loan Party or any other Personperson, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 9 contracts
Samples: Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, state or Federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Subsidiary Guarantor under this Agreement Section 3.01 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this AgreementSection 3.01, then, notwithstanding any other provision hereof to the contrary, the amount of such liability shall, without any further action by any such Subsidiary Guarantor, any creditor Lender, the Administrative Agent or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 8 contracts
Samples: Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, Federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Guarantor under this Agreement Section 6.01 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this AgreementSection 6.01, then, notwithstanding any other provision to the contrary, the amount of such liability shall, without any further action by any such Guarantor, any creditor Lender, any Agent or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 7 contracts
Samples: Credit Agreement (Atrium Companies Inc), Security Agreement (Centennial Cellular Corp), Credit Agreement (Atrium Companies Inc)
General Limitation on Guarantee Obligations. In any action or proceeding involving any Subsidiary state corporate law, or any state, Federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Guarantor under this Agreement would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this Agreement, then, notwithstanding any other provision to the contrary, the amount of such liability shall, without any further action by any Guarantor, any creditor or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 6 contracts
Samples: Credit Agreement (Health Management Associates Inc), Security Agreement (Health Management Associates Inc), Security Agreement (Health Management Associates Inc)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, Federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Guarantor under this Agreement Section 6.01 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this AgreementSection 6.01, then, notwithstanding any other provision to the contrary, the amount of such liability shall, without any further action by any such Guarantor, any creditor Creditor or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 4 contracts
Samples: Credit Agreement (Centennial Communications Corp /De), Credit Agreement (Quest Diagnostics Inc), Credit Agreement (Nassau Broadcasting Corp)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, Federal federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Guarantor under this Agreement Section 1.01 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, creditors on account of the amount of its liability under this AgreementSection 1.01, then, notwithstanding any other provision to the contrary, the amount of such liability shall, without any further action by any such Guarantor, any creditor Payee or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 4 contracts
Samples: Guaranty Agreement, Guaranty Agreement, Guaranty Agreement (Superior Consultant Holdings Corp)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, state or Federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Guarantor under this Agreement Section 10.01 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this AgreementSection 10.01, then, notwithstanding any other provision hereof to the contrary, the amount of such liability shall, without any further action by any such Guarantor, any creditor Lender, the Administrative Agent or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 3 contracts
Samples: Pledge Agreement (Teleflex Inc), Pledge Agreement (Teleflex Inc), Credit Agreement (Teleflex Inc)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate corporate, limited partnership or limited liability company law, or any state, Federal or foreign bankruptcy, insolvency, reorganization applicable Debtor Relief Law or other law affecting the rights of creditors generally, if the obligations of any Guarantor under this Agreement Section 9.1 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this AgreementSection 9.1, then, notwithstanding any other provision to the contrary, the amount of such liability shall, without any further action by any such Guarantor, any creditor Credit Party or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 3 contracts
Samples: Term Loan and Bridge Loan Credit Agreement (Par Petroleum Corp/Co), Term Loan Credit Agreement (Par Petroleum Corp/Co), Term Loan Agreement (Gevo, Inc.)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, Federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any the Guarantor under this Agreement would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this Agreement, then, notwithstanding any other provision to the contrary, the amount of such liability shall, without any further action by any the Guarantor, any creditor or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 2 contracts
Samples: Landlord Access Agreement (Sola International Inc), Credit Agreement (Sola International Inc)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, state or Federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any the Guarantor under this Agreement Section 2.01 hereof would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this Agreementsaid Section 2.01, then, notwithstanding any other provision hereof to the contrary, the amount of such liability shall, without any further action by any the Guarantor, any creditor the Administrative Agent, the Lenders or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 2 contracts
Samples: Credit Agreement (Be Aerospace Inc), Credit Agreement (Be Aerospace Inc)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate lawLaw, or any state, state or Federal or foreign bankruptcy, insolvency, reorganization or other law Law affecting the rights of creditors generally, if the obligations of any Guarantor under this Agreement Section 7.01 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this AgreementSection 7.01, then, notwithstanding any other provision hereof to the contrary, the amount of such liability shall, without any further action by any Guarantor, any creditor such Guarantor or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 2 contracts
Samples: Security Agreement (CURO Group Holdings Corp.), Security Agreement (CURO Group Holdings Corp.)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate lawLaw, or any including applicable state, Federal federal or foreign bankruptcy, insolvency, reorganization or other law Law affecting the rights of creditors generally, if the obligations of any the Guarantor under this Agreement Section 8.01 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this AgreementSection 8.01, then, notwithstanding any other provision to the contrary, the amount of such liability shall, without any further action by any the Guarantor, any creditor the Lender or any other Personperson, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 2 contracts
Samples: Credit Agreement and Guarantee (Weyerhaeuser Co), Credit Agreement and Guarantee (Plum Creek Timber Co Inc)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, Federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Subsidiary Guarantor under this Agreement would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this Agreement, then, notwithstanding any other provision to the contrary, the amount of such liability shall, without any further action by any Subsidiary Guarantor, any creditor or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 2 contracts
Samples: Credit Agreement (Smith & Wesson Holding Corp), Subsidiary Guaranty (Smith & Wesson Holding Corp)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate lawLaw, or any state, state or Federal or foreign bankruptcy, insolvency, reorganization or other law Law affecting the rights of creditors generally, if the obligations of any Guarantor under this Agreement Section 10.01 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this AgreementSection 10.01, then, notwithstanding any other provision hereof to the contrary, the amount of such liability shall, without any further action by any such Guarantor, any creditor Lender, the Administrative Agent or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.. Credit Agreement
Appears in 1 contract
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, state or Federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Credit Agreement Guarantor under this Agreement Section 3.01 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this AgreementSection 3.01, then, notwithstanding any other provision hereof to the contrary, the amount of such liability shall, without any further action by any such Guarantor, any creditor Lender, the Administrative Agent or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 1 contract
Samples: Credit Agreement (HMS Holdings Corp)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, Federal federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Guarantor under this Agreement Section 1.1 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, creditors on account of the amount of its liability under this AgreementSection 1.1, then, notwithstanding any other provision to the contrary, the amount of such liability shall, without any further action by any such Guarantor, any creditor Lender or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 1 contract
Samples: Guaranty (Comstock Mining Inc.)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, state or Federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Guarantor Guarantors under this Agreement subsection 11.1 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this Agreementsubsection 11.1, then, notwithstanding any other provision hereof to the contrary, the amount of such liability shall, without any further action by any Guarantorsuch Guarantors, any creditor Lender, any Agent or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 1 contract
Samples: Credit Agreement (Schein Henry Inc)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, state or Federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any the Guarantor under this Agreement Section 2.01 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this AgreementSection 2.01, then, notwithstanding any other provision hereof to the contrary, the amount of such liability shall, without any further action by any the Guarantor, any creditor the Administrative Agent, the Lenders or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 1 contract
Samples: Midwest Generation LLC
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, state or Federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any the Guarantor under this Agreement Section 2.01 hereof would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this Agreementsaid Section 2.01, then, notwithstanding any other provision hereof to the contrary, the amount of such liability shall, without any further action by any the Guarantor, any creditor the Administrative Agent, the Series A Lenders or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 1 contract
Samples: Guarantee and Security Agreement (Be Aerospace Inc)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, Federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Guarantor under this Agreement Section 13.01 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this AgreementSection 13.01, then, notwithstanding any other provision to the contrary, the amount of such liability shall, without any further action by any such Guarantor, any creditor the Holders or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 1 contract
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate or other law, or any stateFederal, Federal state or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Guarantor under this Agreement Section 3.01 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this AgreementSection 3.01, then, notwithstanding any other provision hereof to the contrary, the amount of such liability shall, without any further action by any such Guarantor, any creditor Secured Party or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 1 contract
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, Federal federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Guarantor the Company under this Agreement Guaranty would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this AgreementGuaranty, then, notwithstanding any other provision to the contrary, the amount of such liability shall, without any further action by any Guarantorthe Company, any creditor or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 1 contract
Samples: Guaranty (Wright Express CORP)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, state or Federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Subsidiary Guarantor under this Agreement Section 10.01 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this Agreementsaid Section 10.01, then, notwithstanding any other provision hereof to the contrary, the amount of such liability shall, without any further action by any such Subsidiary Guarantor, any creditor Lender, the Administrative Agent or any other Person, be automatically limited and reduced Credit Agreement to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 1 contract
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, Federal federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Guarantor under this Agreement Section 1.01 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, creditors on account of the amount of its liability under this AgreementSection 1.01, then, notwithstanding any other provision to the contrary, the amount of such liability shall, without any further action by any such Guarantor, any creditor Purchaser or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 1 contract
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate lawLaw, or any state, Federal federal or foreign bankruptcy, insolvency, reorganization or other law Law affecting the rights of creditors generally, if the obligations of any Guarantor the Company under this Agreement Guaranty would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this AgreementGuaranty, then, notwithstanding any other provision to the contrary, the amount of such liability shall, without any further action by any Guarantorthe Company, any creditor or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 1 contract
Samples: Guaranty (WEX Inc.)
General Limitation on Guarantee Obligations. In any action or proceeding involving any state corporate law, or any state, state or Federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Guarantor under this Agreement Section 2.1 would otherwise be held or determined to be void, voidable, invalid or unenforceable, or subordinated to the claims of any other creditors, on account of the amount of its liability under this AgreementSection 2.1, then, notwithstanding any other provision hereof to the contrary, the amount of such liability shall, without any further action by any such Guarantor, any creditor Lender, the Agent or any other Person, be automatically limited and reduced to the highest amount that is valid and enforceable and not subordinated to the claims of other creditors as determined in such action or proceeding.
Appears in 1 contract