Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 49 contracts
Samples: Credit Agreement (StoneX Group Inc.), Credit Agreement (CTS Corp), Credit Agreement (StoneX Group Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 13 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 13 void or voidable under applicable lawLegal Requirements, including, without limitation, fraudulent conveyance law.
Appears in 25 contracts
Samples: Credit Agreement (Centerspace), Credit Agreement (Necessity Retail REIT, Inc.), Term Loan Agreement (Centerspace)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 13 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 13 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 22 contracts
Samples: Credit Agreement (CTO Realty Growth, Inc.), Credit Agreement (Whitestone REIT), Credit Agreement (Alpine Income Property Trust, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 11 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 19 contracts
Samples: Credit Agreement (Dynatrace, Inc.), Credit Agreement (Sonida Senior Living, Inc.), Credit Agreement (Dynatrace, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 13 contracts
Samples: Credit Agreement (Intl Fcstone Inc.), Credit Agreement (International Assets Holding Corp), Credit Agreement (Lamson & Sessions Co)
Limit on Recovery. Notwithstanding any other provision hereof, the right to recovery of recovery the holders of the Obligations against each Guarantor under this Section 12 11 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 11 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 8 contracts
Samples: Credit Agreement (Jones Lang Lasalle Inc), Credit Agreement (Jones Lang Lasalle Inc), Credit Agreement (Jones Lang Lasalle Inc)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 Article XII shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 Article XII void or voidable under applicable law, including, without limitation, including fraudulent conveyance law.
Appears in 7 contracts
Samples: Credit Agreement (Fortegra Group, Inc), Credit Agreement (Tiptree Inc.), Credit Agreement (Tiptree Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 10 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 10 void or voidable under applicable law, including, without limitation, including fraudulent conveyance law.
Appears in 7 contracts
Samples: Credit Agreement (Sterling Infrastructure, Inc.), Credit Agreement (Sterling Infrastructure, Inc.), Credit Agreement (Sterling Construction Co Inc)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 10 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 10 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 5 contracts
Samples: Credit Agreement (Willdan Group, Inc.), Credit Agreement (Pioneer Power Solutions, Inc.), Credit Agreement (Cynergistek, Inc)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 Article XV shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 Article XV void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 5 contracts
Samples: Credit Agreement (Runway Growth Finance Corp.), Credit Agreement (Runway Growth Finance Corp.), Credit Agreement (Runway Growth Finance Corp.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 11 void or voidable under applicable law, including, without limitation, including fraudulent conveyance law.
Appears in 5 contracts
Samples: Credit Agreement (Limbach Holdings, Inc.), Credit Agreement (Limbach Holdings, Inc.), Credit Agreement (Limbach Holdings, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 Article X shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 Article X void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 5 contracts
Samples: Credit Agreement (PERDOCEO EDUCATION Corp), Credit Agreement (Career Education Corp), Credit Agreement (Career Education Corp)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 11 void or voidable avoidable under applicable law, including, without limitation, including fraudulent conveyance law.
Appears in 4 contracts
Samples: Credit Agreement (American CyberSystems Inc), Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek Logistics Partners, LP)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 void or voidable avoidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 4 contracts
Samples: Credit Agreement (Nobel Learning Communities Inc), Bridge Loan Agreement (DG FastChannel, Inc), Credit Agreement (DG FastChannel, Inc)
Limit on Recovery. Notwithstanding any other provision hereof, the right to recovery of recovery the holders of the Obligations against each Guarantor under this Section 12 9 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 hereunder void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 4 contracts
Samples: Credit Agreement (Oil-Dri Corp of America), Credit Agreement (Oil-Dri Corp of America), Credit Agreement (Oil-Dri Corp of America)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 13 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 13 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 4 contracts
Samples: Credit Agreement (Whitestone REIT Operating Partnership, L.P.), Credit Agreement (Whitestone REIT Operating Partnership, L.P.), Credit Agreement (Whitestone REIT)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not exceed U.S. $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 11 void or voidable avoidable under applicable law, including, without limitation, including fraudulent conveyance law.
Appears in 4 contracts
Samples: Credit Agreement (Delek Logistics Partners, LP), Credit Agreement (Delek Logistics Partners, LP), Credit Agreement (Delek US Holdings, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right to recovery of recovery the holders of the Obligations against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 3 contracts
Samples: Credit Agreement (Federal Signal Corp /De/), Credit Agreement (Federal Signal Corp /De/), Credit Agreement (Federal Signal Corp /De/)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not (to the extent required by or as may be necessary or desirable to ensure the enforceability against such Guarantor of its obligations hereunder or thereunder in accordance with the laws of the jurisdiction of its incorporation or where it carries on business) exceed $1.00 less than (x) the lowest amount which would render such Guarantor’s 's obligations under this Section 12 11 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance lawlaw minus (y) $1.00.
Appears in 3 contracts
Samples: Credit Agreement (Morton Industrial Group Inc), Credit Agreement (Morton Industrial Group Inc), Credit Agreement (Morton Industrial Group Inc)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 void or voidable under applicable lawLaw, including, without limitation, including fraudulent conveyance law.
Appears in 3 contracts
Samples: Credit Agreement (ATN International, Inc.), Credit Agreement (ATN International, Inc.), Credit Agreement (ATN International, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 10 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 10 void or voidable under applicable lawLaw, including, without limitation, fraudulent conveyance law.
Appears in 3 contracts
Samples: Multicurrency Credit Agreement (Fenix Parts, Inc.), Multicurrency Credit Agreement (Fenix Parts, Inc.), Multicurrency Credit Agreement (Fenix Parts, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 3 contracts
Samples: Credit Agreement (Student Transportation Inc.), Credit Agreement (FTD Inc), Credit Agreement (FTD Inc)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 void or voidable under applicable law, including, without limitation, fraudulent conveyance lawlaw minus $1.00.
Appears in 2 contracts
Samples: Credit Agreement (Amcol International Corp), Credit Agreement (Amcol International Corp)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each any Guarantor under this Section 12 11 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 11 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 2 contracts
Samples: Credit Agreement (Morrison Knudsen Corp//), 364 Day Credit Agreement (Morrison Knudsen Corp//)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 2 contracts
Samples: Credit Agreement (Ios Brands Corp), Credit Agreement (Ios Brands Corp)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 void or voidable under applicable lawApplicable Law, including, without limitation, including fraudulent conveyance law.
Appears in 2 contracts
Samples: Credit Agreement (Hub Group, Inc.), Credit Agreement (Hub Group, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each a Guarantor under this Section 12 10 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 10 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 2 contracts
Samples: Revolving Credit Agreement (OppFi Inc.), Revolving Credit Agreement (OppFi Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Affiliate Guarantor under this Section 12 13 shall not exceed $1.00 less than the lowest amount which would render such Affiliate Guarantor’s obligations under this Section 12 13 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 2 contracts
Samples: Credit Agreement (Pillarstone Capital Reit), Credit Agreement (Whitestone REIT)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 void or voidable avoidable under applicable law, including, without limitation, including fraudulent conveyance law.
Appears in 2 contracts
Samples: Promissory Note (Delek Logistics Partners, LP), Promissory Note (Delek US Holdings, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right to recovery of recovery the Agent and the Banks against each Guarantor under this Section 12 14 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 14 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 2 contracts
Samples: Multicurrency Credit Agreement (Titan Wheel International Inc), Multicurrency Credit Agreement (Titan International Inc)
Limit on Recovery. Notwithstanding any other provision hereof, the right to recovery of recovery the holders of the Obligations against each Guarantor under this Section 12 13 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 13 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 2 contracts
Samples: Credit Agreement (Clarcor Inc), Multicurrency Credit Agreement (Bell Sports Corp)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 8 shall not (to the extent required by or as may be necessary or desirable to ensure the enforceability against such Guarantor of its obligations hereunder or thereunder in accordance with the laws of the jurisdiction of its incorporation or where it carries on business) exceed $1.00 less than (x) the lowest amount which would render such Guarantor’s obligations under this Section 12 8 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance lawlaw minus (y) $1.00.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Argyle Security, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not (to the extent required by or as may be necessary or desirable to ensure the enforceability against such Guarantor of its obligations hereunder or thereunder in accordance with the laws of the jurisdiction of its incorporation or where it carries on business) exceed $1.00 less than (x) the lowest amount which would render such Guarantor’s 's obligations under this Section 12 11 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance lawlaw minus (y) $1.00.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Morton Industrial Group Inc)
Limit on Recovery. Notwithstanding any other provision hereof, the right to recovery of recovery the holders of the Obligations against each Guarantor under this Section 12 9 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 hereunder void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 1 contract
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 void or voidable under applicable law, including, without limitation, fraudulent conveyance lawlaw minus $1.00.
Appears in 1 contract
Limit on Recovery. “Section 13.6. Limit on Recovery” \l 2 . Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 13 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 13 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 1 contract
Samples: Credit Agreement (Alpine Income Property Trust, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 Article XV shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 Article XV void or voidable under applicable law, including, without limitation, fraudulent conveyance law. Section 15.8.
Appears in 1 contract
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 14 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 14 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 1 contract
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 shall not (to the extent required by or as may be necessary or desirable to ensure the enforceability against such Guarantor of its obligations hereunder or thereunder in accordance with the laws of the jurisdiction of its incorporation or where it carries on business) exceed $1.00 less than (x) the lowest amount which would render such Guarantor’s obligations under this Section 12 11 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance lawlaw minus (y) $1.00.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (Morton Industrial Group Inc)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 11 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 1 contract
Samples: Credit Agreement (Penford Corp)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 Article IX shall not exceed the amount that is $1.00 less than the lowest amount which that would render such Guarantor’s obligations under this Section 12 Article IX void or voidable under applicable law, including, without limitation, applicable fraudulent conveyance lawconveyance, fraudulent transfer or similar laws.
Appears in 1 contract
Samples: Senior Subordinated Note Purchase and Security Agreement (Physicians Formula Holdings, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 13.B. shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 13.B. void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 1 contract
Samples: Multicurrency Credit Agreement
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 11 void or voidable avoidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 1 contract
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 11 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 1 contract
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 11 void or voidable avoidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 1 contract
Samples: Credit Agreement (International Assets Holding Corp)
Limit on Recovery. “Section 13.6.Limit on Recovery” \l 2 . Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 13 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 13 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 1 contract
Samples: Credit Agreement (Alpine Income Property Trust, Inc.)
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not exceed exceed
$1.00 1. 00 less than the lowest amount which would render such Guarantor’s obligations under this Section 12 11 void or voidable under applicable law, including, without limitation, fraudulent conveyance law.
Appears in 1 contract
Limit on Recovery. Notwithstanding any other provision hereof, the right of recovery against each Guarantor under this Section 12 11 shall not exceed $1.00 less than the lowest amount which would render such Guarantor’s 's obligations under this Section 12 11 void or voidable under applicable law, including, including without limitation, limitation fraudulent conveyance law.
Appears in 1 contract