Guarantee limitation. 3.1 Without affecting Clause 2 above, if (and only if) an amount has been entered into the definition of Limit set out in Clause 1.1 (Definitions), the total amount which we can recover will not be more than that Limit together with:
Guarantee limitation fraudulent conveyance
Guarantee limitation. Germany In this Clause 21.15:
Guarantee limitation. Notwithstanding any other provision of this Supplemental Indenture, the Guarantee granted by the New Senior Note Guarantor shall be limited so that the maximum amount payable by the New Senior Note Guarantor under its obligations under (i) Section 10.01 of the Third Amended and Restated Credit Agreement (as further amended, extended, restructured, renewed, novated, supplemented, restated, refunded, replaced or modified from time to time, the “Credit Agreement”) dated 28 September 2012 and entered into between Xxxxxxxx Group Holdings Inc., Xxxxxxxx Consumer Products Holdings LLC (f/k/a Xxxxxxxx Consumer Products Holdings Inc.), Pactiv LLC (f/k/a Pactiv Corporation), Closure Systems International Holdings Inc., SIG Euro Holding AG & Co. KGaA, SIG Austria Holding GmbH, Closure Systems International B.V. as borrowers, Xxxxxxxx Group Holdings Limited (“Holdings”), the lenders from time to time party thereto and Credit Suisse AG, as administrative agent (the “Administrative Agent”), (ii) the Senior Secured Note Indentures (as defined in the Credit Agreement), (iii) the Senior Unsecured Note Indentures (as defined in the Credit Agreement), (iv) the Guarantee, the Indenture and the indenture governing the Senior Subordinated Securities and (v) any other guarantee commitment contained in an agreement, including, but not limited to, any facility, loan agreement or indenture which Holdings and the Administrative Agent agree is subject to this limitation, in each case in respect of the obligations of any obligor (including the Issuer) that is not a direct or indirect subsidiary of such New Senior Note Guarantor, shall be limited to the aggregate maximum amount (if any) permitted under applicable Luxembourg law.
Guarantee limitation. Notwithstanding any provision in the contrary, the aggregate total amount payable by each Argentine Guarantor under the Additional Interim Notes and the Interim Notes Indenture in no case shall exceed the maximum principal aggregate amount of the Additional Interim Notes then outstanding, plus any accrued and unpaid interest thereon and any expenses or fees in relation to enforcement of the Guarantee.
Guarantee limitation. Notwithstanding any provision in the contrary in the Relevant Documents, the aggregate total amounts payable by each Acceding Guarantor under the Relevant Documents in no case shall exceed the maximum amounts specified below:
Guarantee limitation. The guarantee in this Section 14 does not apply to any liability to the extent that it would result in this guarantee constituting unlawful financial assistance within the meaning of sections 678 and 679 of the UK Companies Act.
Guarantee limitation. Australia Notwithstanding any other provision of this Indenture, the Notes, any Supplemental Indenture (unless this Appendix is expressly modified therein), the Purchase Agreement or any other documents related to the Notes, the parties agree that in respect of a Guarantor incorporated, organized or otherwise formed in Australia (“Australian Guarantor”), the provisions of this Indenture, the Notes, any Supplemental Indenture (unless this Appendix is expressly modified therein), the Purchase Agreement or any other documents related to the Notes and the obligations incurred under them in so far as such obligations would constitute financial assistance by the Australian Guarantor under section 260A of the Australian Corporations Act have no effect in respect of, and do not apply to, any such Australian Guarantor until such time as the steps set out in section 260B of the Australian Corporations Act have been complied with and all statutory periods required under section 260B of the Australian Corporations Act have elapsed. With respect to an Australian Guarantor, the Trustee’s rights and remedies include refraining from applying or enforcing any other moneys, security or rights held or received or recovered (by set off or otherwise) by the Trustee or any Holder in respect of any amounts, or apply and enforce in such manner and order as it sees fit. Each Australian Guarantor agrees for the benefit of the Trustee and any Holder that if any obligation guaranteed by it is or becomes unenforceable, invalid or illegal, it will indemnify, to the extent permitted by applicable law and subject to the limitations contained herein, as an independent and primary obligation, the Trustee of that Holder immediately on demand against any cost, expense, loss or liability it incurs as a result of an Issuer not paying any amount which would, but for such unenforceability, invalidity or illegality, have been payable by it under any document related to the Notes on the date when it would have been due. The amount of the cost, expense, loss or liability shall be equal to the amount which the Trustee or that Holder would otherwise have been entitled to recover.
Guarantee limitation. The Guarantee granted herein by the Guaranteeing Subsidiary, which is incorporated in Spain, shall be deemed to have given only to the extent such Guarantee does not violate the financial assistance rules and limitations provided in articles 143 or 150 of the Reinstated Text of the Spanish Capital Companies Law (Real Decreto Legislativo 1/2010, de 2 de xxxxx, por el que se aprueba el texto refundido de xx Xxx de Sociedades de Capital) or under any other foreign law that is mandatorily applicable to a Guarantor organized under the laws of Spain. Therefore, the Guarantee granted by the Guaranteeing Subsidiary shall exclude expressly any liabilities that would cause the Guaranteeing Subsidiary to breach in any way whatsoever any financial assistance prohibition.
Guarantee limitation. Any guarantee or indemnity or hold harmless obligation provided by a Debtor or Intra-Group Lender (as the case may be) under this Agreement shall be provided on the same terms and subject to the same limitations as are set out in the Original Senior Secured Notes Indenture and in any supplemental indenture to the Original Senior Secures Notes Indenture. 250
