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.
Guaranty Limit. The liability of Guarantor hereunder shall not exceed at any one time the sum of $_______ 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 (a) 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 and (b) to perform any and all of Principal’s Obligations upon demand for the same by PG&E.
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.
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.
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.
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. XXXXXXX BANK, N.A., a national banking association organized under the laws of the United States of America By: Name: Xxxxxx X. Xxxxxxxx Title: Chairman and Chief Executive Officer Address: 0000 0xx Xxxxxx Xxxxx Xx. Xxxxx, XX 00000 Attention: Xxxxxx X. Xxxxxxxx with a copy to: Xxxxxxxx Law Offices 00 Xxxx 00xx Xxxxxx #0X
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.
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.
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.
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:
