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: Credit Agreement (Bristow Group Inc), Credit Agreement (Bristow Group Inc), Superpriority Secured Debtor in Possession 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.), Credit Agreement (Broder Bros Co)
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 (Basic Energy Services 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), Credit Agreement (Health Management Associates Inc), Credit Agreement (Health Management Associates 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 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 4 contracts
Samples: Credit Agreement (Cdi Corp), Credit Agreement (HMS Holdings Corp), Credit Agreement (Cdi 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 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: Delayed Draw Term Loan and Bridge Loan Credit Agreement (Par Petroleum Corp/Co), Delayed Draw 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, 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: Credit Agreement (Teleflex Inc), Credit Agreement (Teleflex Inc), Credit Agreement (Teleflex 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 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 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 (Weyerhaeuser Co), Credit Agreement (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 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: Credit Agreement (Sola International Inc), Credit Agreement (Sola International 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: Revolving Loan Agreement (CURO Group Holdings Corp.), Revolving Loan Agreement (CURO Group Holdings 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.
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 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
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, 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 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 (Griffon 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 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 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 (Griffon 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 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 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 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: Credit Agreement (Be Aerospace 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 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 the Guarantor, any creditor Lender, the Security Trustee, the Facility 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: Term Loan Agreement (Sun Country Airlines Holdings, 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: Guarantee (Midwest Generation LLC)
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 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 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 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 (GoPro, Inc.)