Limitation of Guarantee. The obligations of each Guarantor will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal or state law. Each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata amount based on the Adjusted Net Assets of each Guarantor.
Appears in 15 contracts
Samples: Supplemental Indenture (Superior Essex Inc), Indenture (Essex Group Inc), Indenture (Mariner Post Acute Network Inc)
Limitation of Guarantee. The obligations of each Guarantor will be are limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under the its Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law. Each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata amount based on the Adjusted Net Assets of each Guarantor.
Appears in 10 contracts
Samples: Indenture (Phibro Animal Health Corp), Supplemental Indenture (Affiliate Investment, Inc.), Indenture (Ashton Woods USA L.L.C.)
Limitation of Guarantee. The obligations of each Guarantor will be are limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this the Indenture, result in the obligations of such Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law. Each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata PRO RATA amount based on the Adjusted Net Assets net assets of each Guarantor, determined in accordance with GAAP.
Appears in 8 contracts
Samples: Indenture (Catalyst Paper Corp), Indenture (Catalyst Paper Corp), Indenture (Catalyst Paper Corp)
Limitation of Guarantee. The obligations of each Guarantor will be are limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law. Each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata amount based on the Adjusted Net Assets net assets of each Guarantor, determined in accordance with GAAP.
Appears in 7 contracts
Samples: Indenture (Catalyst Paper Corp), Satisfaction and Discharge (Catalyst Paper Corp), Indenture (River Marine Terminals Inc)
Limitation of Guarantee. The obligations of each Guarantor will be are limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law. Each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata amount based on the Adjusted Net Assets of each Guarantor.
Appears in 5 contracts
Samples: Indenture (Glasstech Inc), Supplemental Indenture (Sandhills Inc), Indenture (Aoa Capital Corp)
Limitation of Guarantee. The obligations of each Guarantor will be are limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this the Indenture, result in the obligations of such Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law. Each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata amount based on the Adjusted Net Assets net assets of each Guarantor, determined in accordance with GAAP.
Appears in 5 contracts
Samples: First Supplemental Indenture (Norske Skog Canada LTD), Indenture (Norske Skog Canada LTD), Norske Skog Canada LTD
Limitation of Guarantee. The obligations of each Guarantor will be are limited to the maximum amount as willshall, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law. Each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata amount based on the Adjusted Net Assets net assets of each Guarantor, determined in accordance with GAAP.
Appears in 4 contracts
Samples: Indenture (PLBY Group, Inc.), Indenture (O Reilly Automotive Inc), Indenture (O Reilly Automotive Inc)
Limitation of Guarantee. The obligations of each Guarantor will be are limited to the maximum amount as willshall, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this the Indenture, result in the obligations of such Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law. Each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata amount based on the Adjusted Net Assets net assets of each Guarantor, determined in accordance with GAAP.
Appears in 4 contracts
Samples: Supplemental Indenture (Xilinx Inc), Second Supplemental Indenture (Advanced Micro Devices Inc), Fourth Supplemental Indenture (Advanced Micro Devices Inc)
Limitation of Guarantee. The obligations of each Guarantor will be are limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under the its Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law. Each Guarantor that makes a payment or distribution under a its Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata amount based on the Adjusted Net Assets of each Guarantor.
Appears in 4 contracts
Samples: Indenture (Meritage Homes CORP), Indenture (Meritage Homes CORP), Indenture (Meritage Homes CORP)
Limitation of Guarantee. The obligations of each Guarantor will be are limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Note Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under the its Note Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law. Each Guarantor that makes a payment or distribution under a its Note Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata amount based on the Adjusted Net Assets of each Guarantor.
Appears in 2 contracts
Samples: Indenture (Meritage Homes CORP), Meritage Homes CORP
Limitation of Guarantee. The obligations of each Guarantor will be are limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law. Each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a pro --- rata amount based on the Adjusted Net Assets of each Guarantor.. ----
Appears in 2 contracts
Samples: Indenture (Insight Communications of Central Ohio LLC), Coaxial LLC
Limitation of Guarantee. The obligations of each Guarantor will be are limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee the Guaranty or pursuant to its contribution obligations under this IndentureAgreement, result in the obligations of such Guarantor under the Guarantee Guaranty not constituting a fraudulent conveyance or fraudulent transfer under Federal Israeli, or United States federal or state law. Each Guarantor that makes a payment or distribution under a Guarantee the Guaranty shall be entitled to a contribution from each other Guarantor in a pro rata amount based on the Adjusted Net Assets of each Guarantor.
Appears in 2 contracts
Samples: Term Loan Agreement, Term Loan Agreement (Phibro Animal Health Corp)
Limitation of Guarantee. The obligations of each Guarantor will be are limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law. Each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata PRO RATA amount based on the Adjusted Net Assets net assets of each Guarantor, determined in accordance with GAAP.
Appears in 1 contract
Samples: Norske Skog Canada LTD
Limitation of Guarantee. The obligations of each Guarantor will be are limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this Indenture, result in the 118 obligations of such Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law. Each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata amount based on the Adjusted Net Assets net assets of each Guarantor, determined in accordance with GAAP.
Appears in 1 contract
Samples: Indenture (Norske Skog Canada LTD)
Limitation of Guarantee. The obligations obligation of each Guarantor will be are limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law. Each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata PRO RATA amount based on the Adjusted Net Assets net assets of each Guarantor, determined in accordance with GAAP.
Appears in 1 contract
Samples: Norske Skog Canada LTD
Limitation of Guarantee. The obligations of each Guarantor will be are limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under 118 its Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law. Each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata amount based on the Adjusted Net Assets net assets of each Guarantor, determined in accordance with GAAP.
Appears in 1 contract
Samples: Indenture (Norske Skog Canada LTD)
Limitation of Guarantee. The obligations of each Guarantor will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal or state law. Each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata amount based on the Adjusted Net Assets of each Subsidiary Guarantor.
Appears in 1 contract
Samples: Petro Stopping Centers L P
Limitation of Guarantee. The obligations of each Guarantor will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor 83 under its Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal or state law. Each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata amount based on the Adjusted Net Assets of each Guarantor.
Appears in 1 contract
Samples: Unison Healthcare Corp
Limitation of Guarantee. The obligations of each Guarantor will be under its Guarantee are limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under the its Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law. Each Guarantor that makes a payment or distribution under a its Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata amount based on the Adjusted Net Assets of each Guarantorthe respective Guarantors.
Appears in 1 contract
Samples: M/I Homes, Inc.
Limitation of Guarantee. The obligations of each Guarantor will be are limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal, state or state applied foreign law. Each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata amount based on the Adjusted Net Assets of each Guarantor.
Appears in 1 contract
Samples: Morris Material Handling Inc
Limitation of Guarantee. The obligations of each Guarantor will be are limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Subsidiary Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law. Each Guarantor that makes a payment or distribution under a Guarantee shall be entitled to a contribution from each other Guarantor in a pro rata amount based on the Adjusted Net Assets net assets of each Guarantor, determined in accordance with GAAP.
Appears in 1 contract
Samples: Elk Horn Coal Co LLC
Limitation of Guarantee. The obligations of each Guarantor will be are limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee the Guaranty or pursuant to its contribution obligations under this IndentureAgreement, result in the obligations of such Guarantor under the Guarantee Guaranty not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law. Each Guarantor that makes a payment or distribution under a Guarantee the Guaranty shall be entitled to a contribution from each other Guarantor in a pro rata amount based on the Adjusted Net Assets of each Guarantor.
Appears in 1 contract