We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Guaranty Limit Sample Clauses

Guaranty Limit. Subject to Paragraph 13, the liability of Guarantor hereunder may not exceed $________ in the aggregate, which amount shall include all interest that has accrued on any amount owed hereunder.
Sample 1Sample 2Sample 3See All (21)
Guaranty Limit. Except as expressly provided in this Paragraph 2, the liability of Guarantor hereunder shall not exceed an aggregate amount equal to *** in US dollars for principal, plus all interest that has accrued on any amount owed hereunder, to be paid to PG&E, its successors and assigns, and Guarantor hereby binds itself, its heirs, executors, administrators, successors and assigns, jointly and severally. In addition to the amounts for which payment is guaranteed hereunder, Guarantor agrees to pay reasonable attorneys’ fees and all other costs and expenses incurred by PG&E in enforcing this agreement or any action or proceeding arising out of or relating to this agreement.
Sample 1Sample 2See All (5)
Guaranty Limit. Guarantor’s aggregate liability under this Guaranty shall be limited in the same manner as the Principal’s aggregate liability is limited under the O&M Agreement as set forth in Section 10.1 of the O&M Agreement. In addition to the amounts for which payment is guaranteed hereunder, Xxxxxxxxx agrees to pay reasonable attorneys’ fees and all other costs and expenses incurred by Beneficiary in enforcing this Guaranty or any action or proceeding arising out of or relating to this Guaranty.
Sample 1Sample 2
Guaranty Limit. The aggregate amount for which the Guarantors shall be liable under this Guaranty (such amount, the “Guaranty Limit”) shall be the greater of (a) an amount equal to (i) the Unpaid Principal Balance as of the date of the calculation of the Guaranty Limit, multiplied by (ii) the Participant’s Share expressed as a fraction, multiplied by (ii) 0.50, multiplied by (iii) a percentage, expressed as a decimal, equal to (x) the Bid Amount (as defined in the Contribution Agreement), divided by the Adjusted Unpaid Principal Balance (as defined in the Contribution Agreement), divided by (y) the reciprocal of the Participant’s Share, and (b) $5,000,000. The Guaranty Limit for any claim under this Guaranty shall be the Guaranty Limit on the date on which the earliest of any act or omission that is a basis of the claim occurred.
Sample 1Sample 2
Guaranty Limit. The aggregate amount for which the Guarantor shall be liable under this Guaranty (such amount, the "Guaranty Limit") shall be the greater of (a) an amount equal to (i) the Unpaid Principal Balance as of the date of the calculation of the Guaranty Limit, multiplied by (ii) the Participant's Share expressed as a fraction, multiplied by (iii) 0.50, multiplied by (iv) a percentage, expressed as a decimal, equal to (x) the Bid Amount (as defined in the Contribution Agreement), divided by the aggregate Adjusted Unpaid Principal Balance (as defined in the Contribution Agreement), divided by (y) the percentage obtained by subtracting the Participant's Share from 100%, and (b) $5,000,000. The Guaranty Limit for any claim under this Guaranty shall be the Guaranty Limit on the date on which the earliest of any act or omission that is a basis of the claim occurred. [The next page is the signature page] The Guarantor has caused this Guaranty to be duly executed and delivered as of the date first written above. / Address:
Sample 1
Guaranty Limit. FCX shall be liable under this Guaranty Agreement with respect to principal of the FMPO Obligations for an amount equal to the FCX Guaranty Limit and at any time the amount to which the holders of the FMPO Loans, FMPO Notes and Circle C Notes are entitled hereunder shall be limited to their respective Pro Rata Shares of the FCX Guaranty Limit, together with interest accrued and unpaid thereon.
Sample 1
Guaranty Limit. Notwithstanding anything to the contrary herein, the aggregate liability of Guarantor hereunder is limited to $ (it being understood for purposes of calculating the maximum aggregate liability of Guarantor hereunder that any payment by Guarantor to PG&E pursuant to a demand made upon Guarantor by PG&E or otherwise made by Guarantor pursuant to its obligations under this Guaranty shall reduce Guarantor’s maximum aggregate liability hereunder on a dollar-for-dollar basis), plus reasonable attorneys’ fees, costs and expenses incurred by PG&E in enforcing this Guaranty or any of the Obligations against Principal under the Agreement. The liability under this Guaranty shall be and is specifically limited to payments expressly required to be made in accordance with the Agreement (even if such payments are deemed damages), including payments, if applicable, required pursuant to indemnification obligations, and IN NO EVENT SHALL GUARANTOR BE SUBJECT TO ANY CONSEQUENTIAL, EXEMPLARY, EQUITABLE, LOSS OF PROFITS, PUNITIVE, TORT OR OTHER SIMILAR DAMAGES, EXCEPT TO THE EXTENT IT MAY BE SPECIFICALLY AND EXPRESSLY PROVIDED FOR IN AN AGREEMENT TO BE DUE TO PG&E FROM PRINCIPAL.
Sample 1
Guaranty Limit. FTX shall be liable under this Guaranty Agreement with respect to principal of the FMPO Obligations for an amount equal to the FTX Basic Guaranty Limit plus the FTX Excess Guaranty Limit and at any time the amount to which the holders of the FMPO Loans, FMPO Notes and Circle C Notes are entitled hereunder shall be limited to their respective Pro Rata Shares of the FTX Basic Guaranty Limit plus the FTX Excess Guaranty Limit, together with interest accrued and unpaid thereon.
Sample 1

Related to Guaranty Limit

  • Guaranty Absolute Each Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Loan Documents, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of any Secured Party with respect thereto. The Obligations of each Guarantor under or in respect of this Guaranty are independent of the Guaranteed Obligations or any other Obligations of any other Loan Party under or in respect of the Loan Documents, and a separate action or actions may be brought and prosecuted against each Guarantor to enforce this Guaranty, irrespective of whether any action is brought against the Borrower or any other Loan Party or whether the Borrower or any other Loan Party is joined in any such action or actions. The liability of each Guarantor under this Guaranty shall be irrevocable, absolute and unconditional irrespective of, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to, any or all of the following: (a) any lack of validity or enforceability of any Loan Document or any agreement or instrument relating thereto; (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Guaranteed Obligations or any other Obligations of any other Loan Party under or in respect of the Loan Documents, or any other amendment or waiver of or any consent to departure from any Loan Document, including, without limitation, any increase in the Guaranteed Obligations resulting from the extension of additional credit to any Loan Party or any of its Subsidiaries or otherwise; (c) any taking, exchange, release or non-perfection of any Collateral or any other collateral, or any taking, release or amendment or waiver of, or consent to departure from, any other guaranty, for all or any of the Guaranteed Obligations; (d) any manner of application of Collateral or any other collateral, or proceeds thereof, to all or any of the Guaranteed Obligations, or any manner of sale or other disposition of any Collateral or any other collateral for all or any of the Guaranteed Obligations or any other Obligations of any Loan Party under the Loan Documents or any other assets of any Loan Party or any of its Subsidiaries; (e) any change, restructuring or termination of the corporate structure or existence of any Loan Party or any of its Subsidiaries; (f) any failure of any Secured Party to disclose to any Loan Party any information relating to the business, condition (financial or otherwise), operations, performance, properties or prospects of any other Loan Party now or hereafter known to such Secured Party (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information); (g) the failure of any other Person to execute or deliver this Guaranty, any Guaranty Supplement or any other guaranty or agreement or the release or reduction of liability of any Guarantor or other guarantor or surety with respect to the Guaranteed Obligations; or (h) any other circumstance (including, without limitation, any statute of limitations) or any existence of or reliance on any representation by any Secured Party that might otherwise constitute a defense available to, or a discharge of, any Loan Party or any other guarantor or surety. This Guaranty shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Guaranteed Obligations is rescinded or must otherwise be returned by any Secured Party or any other Person upon the insolvency, bankruptcy or reorganization of the Borrower or any other Loan Party or otherwise, all as though such payment had not been made.

  • Guaranty Each Guarantor hereby absolutely and unconditionally, jointly and severally guarantees, as primary obligor and as a guaranty of payment and performance and not merely as a guaranty of collection, prompt payment when due, whether at stated maturity, by required prepayment, upon acceleration, demand or otherwise, and at all times thereafter, of any and all Secured Obligations (for each Guarantor, subject to the proviso in this sentence, its “Guaranteed Obligations”); provided that (a) the Guaranteed Obligations of a Guarantor shall exclude any Excluded Swap Obligations with respect to such Guarantor and (b) the liability of each Guarantor individually with respect to this Guaranty shall be limited to an aggregate amount equal to the largest amount that would not render its obligations hereunder subject to avoidance under Section 548 of the Bankruptcy Code of the United States or any comparable provisions of any applicable state law. Without limiting the generality of the foregoing, the Guaranteed Obligations shall include any such indebtedness, obligations, and liabilities, or portion thereof, which may be or hereafter become unenforceable or compromised or shall be an allowed or disallowed claim under any proceeding or case commenced by or against any debtor under any Debtor Relief Laws. The Administrative Agent’s books and records showing the amount of the Obligations shall be admissible in evidence in any action or proceeding, and shall be binding upon each Guarantor, and conclusive for the purpose of establishing the amount of the Secured Obligations. This Guaranty shall not be affected by the genuineness, validity, regularity or enforceability of the Secured Obligations or any instrument or agreement evidencing any Secured Obligations, or by the existence, validity, enforceability, perfection, non-perfection or extent of any collateral therefor, or by any fact or circumstance relating to the Secured Obligations which might otherwise constitute a defense to the obligations of the Guarantors, or any of them, under this Guaranty, and each Guarantor hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing.

Most Referenced Clauses

Most Referenced Definitions