Common use of Guaranty; Limitation of Liability Clause in Contracts

Guaranty; Limitation of Liability. The undersigned hereby absolutely, unconditionally and irrevocably guarantees, 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 of the Obligations, whether for principal, interest, premiums, fees, indemnities, damages, costs, expenses or otherwise, of the Borrowers to the Lenders, the Administrative Agent or any indemnified party arising under the Loan Documents (including all renewals, extensions, amendments, refinancings and other modifications thereof and all costs, attorneys’ fees and expenses incurred by the Lenders, the Administrative Agent or any indemnified party in connection with the collection or enforcement thereof). This Guaranty Supplement shall not be affected by the genuineness, validity, regularity or enforceability of the Obligations or any instrument or agreement evidencing any Obligations, or by any fact or circumstance relating to the Obligations which might otherwise constitute a defense to the obligations of the undersigned under this Guaranty Supplement (other than payment thereof), and the undersigned hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing. For the avoidance of doubt, the respective obligations of each Borrower are several and not joint, except to the extent such Borrower is providing a guarantee as a Guarantor.

Guaranty; Limitation of Liability. The undersigned hereby absolutely, unconditionally and irrevocably guarantees, as a guaranty of payment and performance and not merely as a guaranty of collection, prompt guarantees the punctual payment when due, whether at stated maturity, scheduled maturity or on any date of a required prepayment or by required prepayment, upon acceleration, demand or otherwise, and at of all times thereafterObligations of each other Loan Party now or hereafter existing under or in respect of the Loan Documents (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any and or all of the foregoing Obligations), whether direct or indirect, absolute or contingent, and whether for principal, interest, premiumspremium, fees, indemnities, damagescontract causes of action, costs, expenses or otherwiseotherwise (such Obligations being the "GUARANTEED OBLIGATIONS"), and agrees to pay any and all reasonable expenses (including, without limitation, reasonable fees and expenses of counsel, provided that the Borrowers undersigned shall not be required to reimburse the legal fees and expenses of more than one law firm (and one local counsel in each applicable local jurisdiction) for the Agents and the Lenders, collectively, except to the extent the Administrative Agent reasonably believes that the use of single counsel would result in a conflict of interest) incurred by the Administrative Agent or any indemnified party arising other Secured Party in enforcing any rights under this Guaranty Supplement, the Guaranty or any other Loan Document. Without limiting the generality of the foregoing, the undersigned's liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any other Loan Party to any Secured Party under or in respect of the Loan Documents (including all renewals, extensions, amendments, refinancings and other modifications thereof and all costs, attorneys’ fees and expenses incurred by but for the Lenders, the Administrative Agent fact that they are unenforceable or any indemnified party in connection with the collection or enforcement thereof). This Guaranty Supplement shall not be affected by the genuineness, validity, regularity or enforceability of the Obligations or any instrument or agreement evidencing any Obligations, or by any fact or circumstance relating allowable due to the Obligations which might otherwise constitute existence of a defense to the obligations of the undersigned under this Guaranty Supplement (bankruptcy, reorganization or similar proceeding involving such other than payment thereof), and the undersigned hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing. For the avoidance of doubt, the respective obligations of each Borrower are several and not joint, except to the extent such Borrower is providing a guarantee as a GuarantorLoan Party.

Guaranty; Limitation of Liability. (a) The undersigned hereby absolutely, unconditionally and irrevocably guarantees, 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 of the Obligations, whether for principal, interest, premiums, fees, indemnities, damages, costs, expenses or otherwise, of the Borrowers to the Lenders, the Administrative Agent or any indemnified party arising under the Loan Documents (including all renewals, extensions, amendments, refinancings and other modifications thereof and all costs, attorneys’ fees and expenses incurred by the Lenders, the Administrative Agent or any indemnified party in connection with the collection or enforcement thereof). This Guaranty Supplement shall not be affected by the genuineness, validity, regularity or enforceability of the Obligations or any instrument or agreement evidencing any Obligations, or by any fact or circumstance relating to the Obligations which might otherwise constitute a defense to the obligations of the undersigned under this Guaranty Supplement (other than payment thereof), and the undersigned hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing. For the avoidance of doubt, the respective obligations of each Borrower are several and not joint, except to the extent such Borrower is providing a guarantee as a Guarantor.

Guaranty; Limitation of Liability. The undersigned hereby absolutely, unconditionally and irrevocably guarantees, as a guaranty of payment and performance and not merely as a guaranty of collection, prompt guarantees the punctual payment when due, whether at stated maturity, scheduled maturity or on any date of a required prepayment or by required prepayment, upon acceleration, demand or otherwise, and at of all times thereafterObligations of each other Loan Party now or hereafter existing under or in respect of the Loan Documents (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any and or all of the foregoing Obligations), whether direct or indirect, absolute or contingent, and whether for principal, interest, premiums, fees, indemnities, damagescontract causes of action, costs, expenses or otherwiseotherwise (provided that with respect to Obligations under or in respect of any Secured Hedge Agreement, of the Borrowers foregoing guarantee shall only be effective to the Lendersextent that the undersigned is an Eligible Guarantor at the time such Secured Hedge Agreement is entered into and such Obligations and the guarantee thereof are not Excluded Swap Obligations) (such Obligations, after giving effect to the immediately preceding proviso, being the “Guaranteed Obligations”), and agrees to pay any and all expenses (including, without limitation, reasonable and documented fees and expenses of counsel) incurred by the Administrative Agent or any indemnified party arising other Secured Party in enforcing any rights under this Guaranty Supplement, the Guaranty or any other Loan Document. Without limiting the generality of the foregoing, to the fullest extent permitted by applicable law, the undersigned’s liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any other Loan Party to any Secured Party under or in respect of the Loan Documents (including all renewals, extensions, amendments, refinancings and other modifications thereof and all costs, attorneys’ fees and expenses incurred by but for the Lenders, the Administrative Agent fact that they are unenforceable or any indemnified party in connection with the collection or enforcement thereof). This Guaranty Supplement shall not be affected by the genuineness, validity, regularity or enforceability of the Obligations or any instrument or agreement evidencing any Obligations, or by any fact or circumstance relating allowable due to the Obligations which might otherwise constitute existence of a defense to the obligations of the undersigned under this Guaranty Supplement (bankruptcy, reorganization or similar proceeding involving such other than payment thereof), and the undersigned hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing. For the avoidance of doubt, the respective obligations of each Borrower are several and not joint, except to the extent such Borrower is providing a guarantee as a GuarantorLoan Party.

Guaranty; Limitation of Liability. The undersigned FOR VALUE RECEIVED, each Guarantor does hereby absolutely, unconditionally and irrevocably guarantees, as a guaranty of payment guarantee to the Guaranteed Party (i) the due and punctual performance and not merely as a guaranty observance by the Borrower of collectioneach and every covenant, prompt agreement and obligation to be performed or observed by the Borrower under the Credit Agreement and the other Loan Documents and (ii) the due and punctual payment by the Borrower of all payment obligations of the Borrower under the Credit Agreement and the other Loan Documents, when due, whether at stated maturityby acceleration (including without limitation, when due by required prepayment, upon acceleration, demand virtue of an Event of Default) or otherwise, in accordance with the terms thereof (such performance, payment and at all times thereafterother obligations of the Borrower being referred to herein as the “Guaranteed Obligations” and, individually, a “Guaranteed Obligation”). In the event of any nonpayment or nonperformance of any Guaranteed Obligation, each Guarantor agrees to pay or perform or cause such payment or performance to be made of such nonpayment or nonperformance. Each Guarantor further agrees to pay all reasonable expenses (including, without limitations, all reasonable fees and all disbursement of the Obligations, whether for principal, interest, premiums, fees, indemnities, damages, costs, expenses or otherwise, of the Borrowers counsel to the LendersGuaranteed Party, the Administrative Agent which shall be limited to one counsel acting for all such Guaranteed Parties), that may be paid or any indemnified party arising under the Loan Documents (including all renewals, extensions, amendments, refinancings and other modifications thereof and all costs, attorneys’ fees and expenses incurred by the Lenders, the Administrative Agent or Guaranteed Party in enforcing any indemnified party in connection with the collection or enforcement thereof). This Guaranty Supplement shall not be affected by the genuineness, validity, regularity or enforceability of the Obligations or any instrument or agreement evidencing any Obligations, or by any fact or circumstance relating to the Obligations which might otherwise constitute a defense to the obligations of the undersigned rights against such Guarantor under this Guaranty Supplement (other than payment thereof), and the undersigned hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to collecting any or all of the foregoing. For the avoidance of doubt, the respective obligations of each Borrower are several and not joint, except to the extent Guaranteed Obligations from such Borrower is providing a guarantee as a GuarantorGuarantor under this Guaranty.

Guaranty; Limitation of Liability. The undersigned hereby absolutely, unconditionally and irrevocably guarantees, as a guaranty of payment and performance and not merely as a guaranty of collection, prompt guarantees the punctual payment when due, whether at stated maturity, scheduled maturity or on any date of a required prepayment or by required prepayment, upon acceleration, demand or otherwise, and at of all times thereafterObligations of each other Loan Party now or hereafter existing under or in respect of the Loan Documents (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any and or all of the foregoing Obligations), whether direct or indirect, absolute or contingent, and whether for principal, interest, premiums, fees, indemnities, damagescontract causes of action, costs, expenses or otherwiseotherwise ( provided that with respect to Obligations under or in respect of any Secured Hedge Agreement, of the Borrowers foregoing guarantee shall only be effective to the Lendersextent that the undersigned is an Eligible Guarantor at the time such Secured Hedge Agreement is entered into and such Obligations and the guarantee thereof are not Excluded Swap Obligations) (such Obligations, after giving effect to the immediately preceding proviso, being the “Guaranteed Obligations”), and agrees to pay any and all expenses (including, without limitation, reasonable and documented fees and expenses of counsel) incurred by the Administrative Agent or any indemnified party arising other Secured Party in enforcing any rights under this Guaranty Supplement, the Guaranty or any other Loan Document. Without limiting the generality of the foregoing, to the fullest extent permitted by applicable law, the undersigned’s liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any other Loan Party to any Secured Party under or in respect of the Loan Documents (including all renewals, extensions, amendments, refinancings and other modifications thereof and all costs, attorneys’ fees and expenses incurred by but for the Lenders, the Administrative Agent fact that they are unenforceable or any indemnified party in connection with the collection or enforcement thereof). This Guaranty Supplement shall not be affected by the genuineness, validity, regularity or enforceability of the Obligations or any instrument or agreement evidencing any Obligations, or by any fact or circumstance relating allowable due to the Obligations which might otherwise constitute existence of a defense to the obligations of the undersigned under this Guaranty Supplement (bankruptcy, reorganization or similar proceeding involving such other than payment thereof), and the undersigned hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing. For the avoidance of doubt, the respective obligations of each Borrower are several and not joint, except to the extent such Borrower is providing a guarantee as a GuarantorLoan Party.

Guaranty; Limitation of Liability. The undersigned In order to induce Agent and Lenders to enter into this Agreement and to induce the Lenders to extend credit hereunder and to induce the Lenders or their affiliates provide Bank Products, and in recognition of the direct benefit received by the U.S. Subsidiary Guarantors from the extension of such credit and provision of such Bank Products, each U.S. Subsidiary Guarantor hereby absolutely, unconditionally and irrevocably guaranteesguarantees (the undertaking by each U.S. Subsidiary Guarantor under this Section 15 being, as a guaranty of payment and performance and not merely as a guaranty of collectionamended from time to time, prompt the “Total Obligations Guaranty”) the punctual payment when due, whether at stated maturity, scheduled maturity or on any date of a required prepayment or by required prepayment, upon acceleration, demand or otherwise, and at of all times thereafterObligations of each other Obligor now or hereafter existing under or in respect of the Loan Documents (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any and or all of the foregoing Obligations), whether direct or indirect, absolute or contingent, and whether for principal, interest, premiums, fees, indemnities, damagescontract causes of action, costs, expenses or otherwiseotherwise (such Obligations being the “Guaranteed Obligations”), and agrees to pay any and all expenses (including, without limitation, reasonable fees and expenses of the Borrowers to the Lenders, the Administrative counsel) incurred by Agent or any indemnified party arising other Secured Party in enforcing any rights under this Total Obligations Guaranty or any other Loan Document. Without limiting the generality of the foregoing, each U.S. Subsidiary Guarantor’s liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any other Obligor to any Secured Party under or in respect of the Loan Documents (including all renewals, extensions, amendments, refinancings and other modifications thereof and all costs, attorneys’ fees and expenses incurred by but for the Lenders, the Administrative Agent fact that they are unenforceable or any indemnified party in connection with the collection or enforcement thereof). This Guaranty Supplement shall not be affected by the genuineness, validity, regularity or enforceability of the Obligations or any instrument or agreement evidencing any Obligations, or by any fact or circumstance relating allowable due to the Obligations which might otherwise constitute a defense to the obligations existence of the undersigned under this Guaranty Supplement (any Insolvency Proceeding involving such other than payment thereof), and the undersigned hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing. For the avoidance of doubt, the respective obligations of each Borrower are several and not joint, except to the extent such Borrower is providing a guarantee as a GuarantorObligor.

Guaranty; Limitation of Liability. The undersigned (a) Each Guarantor hereby --------------------------------- absolutely, unconditionally and irrevocably guarantees, as a guaranty of payment and performance and not merely as a guaranty of collection, prompt guarantees the punctual payment when due, whether at stated maturity, by required prepayment, upon acceleration, demand acceleration or otherwise, and at of all times thereafter, of any and all Obligations of the ObligationsCredit Parties and each other Guarantor now or hereafter existing under the Credit Documents, whether for principal, interest, premiums, fees, indemnities, damages, costs, expenses or otherwiseotherwise (such Obligations being the "Guaranteed Obligations"), of the Borrowers and ---------------------- agrees to the Lenders, pay any and all expenses (including counsel fees and expenses) incurred by the Administrative Agent or any indemnified party arising other Guaranteed Creditor in enforcing any rights under this Guaranty and the Loan Documents (including other Credit Documents. Without limiting the generality of the foregoing, each Guarantor's liability shall extend to all renewals, extensions, amendments, refinancings amounts that constitute part of the Guaranteed Obligations and other modifications thereof and all costs, attorneys’ fees and expenses incurred would be owed by the Lenders, any Credit Party to the Administrative Agent or any indemnified party in connection with other Guaranteed Creditor under the collection Credit Documents but for the fact that they are unenforceable or enforcement thereof). This Guaranty Supplement shall not be affected by the genuineness, validity, regularity or enforceability of the Obligations or any instrument or agreement evidencing any Obligations, or by any fact or circumstance relating allowable due to the Obligations which might otherwise existence of a bankruptcy, reorganization or similar proceeding involving such Credit Party. (b) Each Guarantor, and by its acceptance of this Guaranty, the Administrative Agent and each other Guaranteed Creditor, hereby confirms that it is the intention of all such parties that this Guaranty not constitute a defense to the obligations fraudulent transfer or conveyance for purposes of the undersigned under this Guaranty Supplement Bankruptcy Law (other than payment thereofas defined below), and the undersigned hereby irrevocably waives any defenses it may now have or hereafter acquire in any way relating to any or all of the foregoing. For the avoidance of doubt, the respective obligations of each Borrower are several and not joint, except to the extent such Borrower is providing a guarantee as a Guarantor.Uniform Fraudulent

Guaranty; Limitation of Liability. The undersigned (a) Each Guarantor, jointly and severally, hereby absolutely, unconditionally and irrevocably guarantees, 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 of the Obligations, whether for principal, interest, premiums, fees, indemnities, damages, costs, expenses or otherwise, of the Borrowers to the Lenders, the Administrative Agent or any indemnified party arising under the Loan Documents (including all renewals, extensions, amendments, refinancings and other modifications thereof and all costs, attorneys’ fees and expenses incurred by the Lenders, the Administrative Agent or any indemnified party in connection with the collection or enforcement thereof). This Guaranty Supplement shall not be affected by the genuineness, validity, regularity or enforceability of the Obligations or any instrument or agreement evidencing any Obligations, or by any fact or circumstance relating to the Obligations which might otherwise constitute a defense to the obligations of the undersigned any Guarantor under this Guaranty Supplement (other than payment thereof), and the undersigned 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. For the avoidance of doubt, the respective obligations of each Borrower are several and not joint, except to the extent such Borrower is providing a guarantee as a Guarantor.

Guaranty; Limitation of Liability. (a) The undersigned hereby absolutely, unconditionally and irrevocably guaranteesguarantees to the Administrative Agent, for the benefit of the Secured Parties, as a guaranty of payment and performance primary obligor and not merely as a guaranty of collectionsurety, prompt the punctual payment when due, whether at stated maturity, scheduled maturity or on any date of a required prepayment or by required prepayment, upon acceleration, demand or otherwise, and at of all times thereafterObligations of each other Loan Party now or hereafter existing under or in respect of the Loan Documents (including, without limitation, any extensions, increases, modifications, substitutions, amendments or renewals of any and or all of the foregoing Obligations), whether direct or indirect, absolute or contingent, and whether for principal, interest, premiumspremium, reasonable fees, indemnities, damagescontract causes of action, costs, expenses or otherwiseotherwise (such Obligations being the “Guaranteed Obligations”), of the Borrowers and agrees to pay any, subject to the LendersCredit Agreement, and all expenses (including, without limitation, except as limited by Section 12(a) in the Guaranty, fees and expenses of counsel) incurred by the Administrative Agent or any indemnified party arising under the Loan Documents (including all renewals, extensions, amendments, refinancings and other modifications thereof and all costs, attorneys’ fees and expenses incurred by the Lenders, the Administrative Agent or Secured Party in enforcing any indemnified party in connection with the collection or enforcement thereof). This Guaranty Supplement shall not be affected by the genuineness, validity, regularity or enforceability of the Obligations or any instrument or agreement evidencing any Obligations, or by any fact or circumstance relating to the Obligations which might otherwise constitute a defense to the obligations of the undersigned rights under this Guaranty Supplement Supplement, the Guaranty or any other Loan Document. (b) The undersigned hereby unconditionally and irrevocably agrees that in the event any payment shall be required to be made to any Secured Party under this Guaranty Supplement, the Guaranty or any other than payment thereof)guaranty, and the undersigned hereby irrevocably waives any defenses it may now have will immediately contribute, to the maximum extent permitted by applicable law, such amounts to each other Guarantor and each other guarantor so as to maximize the aggregate amount paid to the Secured Parties under or hereafter acquire in any way relating to any or all respect of the foregoing. For the avoidance of doubt, the respective obligations of each Borrower are several and not joint, except to the extent such Borrower is providing a guarantee as a GuarantorLoan Documents.

Guaranty; Limitation of Liability. The undersigned hereby absolutely, unconditionally and irrevocably guarantees, as a guaranty of payment and performance and not merely as a guaranty of collection, prompt guarantees the punctual payment when due, whether at stated maturity, scheduled maturity or on any date of a required prepayment or by required prepayment, upon acceleration, demand or otherwise, of all Obligations of the Borrower and at all times thereaftereach other Loan Party now or hereafter existing under or in respect of the Loan Documents (including, without limitation, any extensions, modifications, substitutions, amendments or renewals of any and or all of the foregoing Obligations), whether direct or indirect, absolute or contingent, and whether for principal, interest, premiums, fees, indemnities, damagescontract causes of action, costs, expenses or otherwiseotherwise in each case exclusive of all Excluded Swap Obligations (such guaranteed Obligations being the “Guaranteed Obligations”), and agrees to pay any and all expenses (including, without limitation, fees and expenses of the Borrowers to the Lenders, counsel) incurred by the Administrative Agent or any indemnified party arising other Lender Party in enforcing any rights under this Guaranty Supplement, the Guaranty, the Credit Agreement or any other Loan Document. Without limiting the generality of the foregoing, the undersigned’s liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by any other Loan Party to any Lender Party under or in respect of the Loan Documents (including all renewalsbut for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, extensions, amendments, refinancings and reorganization or similar proceeding involving such other modifications thereof and all costs, attorneys’ fees and expenses incurred by the Lenders, the Administrative Agent or any indemnified party in connection with the collection or enforcement thereof)Loan Party. This Guaranty Supplement shall is and constitutes a guaranty of payment and not be affected by the genuineness, validity, regularity or enforceability merely of the Obligations or any instrument or agreement evidencing any Obligations, or by any fact or circumstance relating collection. Notwithstanding anything to the Obligations which might otherwise constitute a defense to contrary herein, the obligations Lender Parties shall immediately release the guaranty of the undersigned under this Guaranty Supplement (other than payment thereof), and at such time as the undersigned hereby irrevocably waives any defenses it may now have or hereafter acquire has completed Transfers and/or designations in any way relating to any or all compliance with Section 5.02(e) of the foregoing. For Credit Agreement such that the avoidance of doubtundersigned does not own, the respective obligations of each Borrower are several and not joint, except to the extent such Borrower is providing a guarantee as a Guarantordirectly or indirectly any one or more Unencumbered Assets.

Guaranty; Limitation of Liability. The undersigned (a) Each Guarantor hereby absolutely, unconditionally and irrevocably guarantees, as on a guaranty of payment joint and performance and not merely as a guaranty of collectionseveral basis, prompt the punctual payment when due, whether at stated maturity, by required prepayment, upon acceleration, demand acceleration or otherwise, and at of all times thereafter, of any and all Obligations of the ObligationsBorrower now or hereafter existing under the Loan Documents, whether for principal, interest, premiums, fees, indemnitiesexpenses, damagesindemnities or otherwise (such Obligations being the "Guaranteed Obligations"), costs, and agrees to pay any and all expenses or otherwise, of (including counsel fees and expenses) incurred by the Borrowers to the Lenders, the Administrative Collateral Agent or any indemnified party arising other Guaranteed Party in enforcing any rights under this Guaranty. Without limiting the generality of the foregoing, each Guarantor's liability shall extend to all amounts that constitute part of the Guaranteed Obligations and would be owed by the Borrower to the Collateral Agent or any other Guaranteed Party under the Loan Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding. (including all renewals, extensions, amendments, refinancings and other modifications thereof and all costs, attorneys’ fees and expenses incurred by b) Any provision of this Guaranty to the Lenderscontrary notwithstanding, the Administrative Agent or any indemnified party in connection with the collection or enforcement thereof). This Guaranty Supplement shall not be affected by the genuineness, validity, regularity or enforceability liability of the Obligations or any instrument or agreement evidencing any Obligations, or by any fact or circumstance relating to the Obligations which might otherwise constitute a defense to the obligations of the undersigned each Guarantor under this Guaranty Supplement (other than payment thereof), and the undersigned hereby irrevocably waives any defenses it may now have shall be limited to such maximum aggregate amount as would not render such Guarantor's obligations hereunder subject to avoidance as a fraudulent transfer or hereafter acquire in any way relating to any or all conveyance under Section 548 of Title 11 of the foregoing. For the avoidance United States Code or any applicable provisions of doubt, the respective obligations of each Borrower are several and not joint, except to the extent such Borrower is providing a guarantee as a Guarantorany state or foreign law having similar effect.