Common use of Limitation of Guaranty Clause in Contracts

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Laws (including Sections 544 and 548 of the Bankruptcy Code) any limitations on the amount of any Guarantor’s liability with respect to the Guaranteed Obligations that any Agent or any other Lending Party can enforce under this Section 10.14, Agents and the other Lending Parties by their acceptance hereof accept such limitation on the amount of such Guarantor’s liability hereunder to the extent needed to make this Section 10.14 fully enforceable and non-avoidable.

Appears in 3 contracts

Samples: Forbearance Agreement and Fourth Amendment to Loan and Security Agreement (DG Capital Management, LLC), Forbearance Agreement and Fourth Amendment to Loan and Security Agreement (TENOR CAPITAL MANAGEMENT Co., L.P.), Forbearance Agreement and Fourth Amendment to Loan and Security Agreement (Endurant Capital Management LP)

AutoNDA by SimpleDocs

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Laws law (including Sections the applicable state law and §§ 544 and 548 of the Bankruptcy Code) any limitations on the amount of any Guarantor’s liability with respect to the Guaranteed Obligations that which any Agent or any other Lending Guaranteed Party can enforce under this Section 10.14Guaranty, Agents and the other Lending Guaranteed Parties by their acceptance hereof accept such limitation on the amount of such Guarantor’s liability hereunder to the extent needed to make this Section 10.14 Guaranty fully enforceable and non-avoidablenonavoidable.

Appears in 3 contracts

Samples: Guaranty (Georgia Pacific Corp), Guaranty (Georgia Pacific Corp), Guaranty (Georgia Pacific Corp)

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Laws law (including Sections applicable state law and §§544 and 548 of the Bankruptcy Code) any limitations on the amount of any the Guarantor’s liability with respect to the Guaranteed Obligations that any Agent or any other Lending Party which the Lender can enforce under this Section 10.14Guaranty, Agents and the other Lending Parties by their acceptance hereof accept Lender accepts such limitation on the amount of such the Guarantor’s liability hereunder to the extent needed to make this Section 10.14 Guaranty and the Guarantor Documents fully enforceable and non-avoidablenonavoidable.

Appears in 3 contracts

Samples: Guaranty, Guaranty (Invisa Inc), Guaranty (Invisa Inc)

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Laws (including Sections sections 544 and 548 of the Bankruptcy Code) any limitations on the amount of any Guarantor’s liability with respect to the Guaranteed Obligations that any Administrative Agent or any other Lending Party can enforce under this Section 10.14, Agents Administrative Agent and the other Lending Parties by their acceptance hereof accept such limitation on the amount of such Guarantor’s liability hereunder to the extent needed to make this Section 10.14 fully enforceable and non-avoidable.

Appears in 2 contracts

Samples: Loan and Security Agreement (Live Oak Acquisition Corp), Loan and Security Agreement (Live Oak Acquisition Corp)

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Laws (including Sections sections 544 and 548 of the Bankruptcy Code) any limitations on the amount of any Subsidiary Guarantor’s liability with respect to the Guaranteed Obligations that any Agent or any other Lending Party the Lender can enforce under this Section 10.1411, Agents and the other Lending Parties Lender by their its acceptance hereof accept accepts such limitation on the amount of such Subsidiary Guarantor’s liability hereunder to the extent needed to make this Section 10.14 11 fully enforceable and non-avoidablenonavoidable.

Appears in 2 contracts

Samples: Loan and Security Agreement (Amyris, Inc.), Loan and Security Agreement (Amyris, Inc.)

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Laws law (including the Uniform Fraudulent Transfer Act and Sections 544 and 548 of the Bankruptcy Code) any limitations on the amount of any Subsidiary Guarantor’s liability with respect to the Guaranteed Obligations that any Administrative Agent or any other Lending Party can enforce under this Section 10.14, Agents Administrative Agent and the other Lending Parties by their acceptance hereof accept such limitation on the amount of such Subsidiary Guarantor’s liability hereunder to the extent needed to make this Section 10.14 fully enforceable and non-avoidablenonavoidable.

Appears in 2 contracts

Samples: Credit Agreement (Titan Machinery Inc.), Credit Agreement (Titan Machinery Inc.)

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Laws (including Sections sections 544 and 548 of the Bankruptcy Code) any limitations on the amount of any Subsidiary Guarantor’s liability with respect to the Guaranteed Obligations that any Agent or any other Lending Party can enforce under this Section 10.1412, Agents Agent and the other Lending Parties each Lender by their acceptance hereof accept such limitation on the amount of such Subsidiary Guarantor’s liability hereunder to the extent needed to make this Section 10.14 12 fully enforceable and non-avoidablenonavoidable.

Appears in 1 contract

Samples: Loan and Security Agreement (Amyris, Inc.)

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Laws (including Sections sections 544 and 548 of the Bankruptcy Code) any limitations on the amount of any Guarantor’s liability with respect to the Guaranteed Obligations that any Agent or any other Lending Party Lender can enforce under this Section 10.14, Agents and the other Lending Parties Lender by their its acceptance hereof accept accepts such limitation on the amount of such Guarantor’s liability hereunder to the extent needed to make this Section 10.14 fully enforceable and non-avoidable.

Appears in 1 contract

Samples: Loan and Security Agreement (Attis Industries Inc.)

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Laws law (including Sections the applicable state law and §§544 and 548 of the Bankruptcy Code) any limitations on the amount of any the Guarantor’s liability with respect to the Guaranteed Obligations that which any Agent or any other Lending Guaranteed Party can enforce under this Section 10.14Guaranty, Agents and the other Lending Guaranteed Parties by their acceptance hereof accept such limitation on the amount of such the Guarantor’s liability hereunder to the extent needed to make this Section 10.14 Guaranty and the Guarantor Documents fully enforceable and non-avoidablenonavoidable.

Appears in 1 contract

Samples: Guaranty (Storage Technology Corp)

Limitation of Guaranty. To the extent that any United States court of competent jurisdiction shall impose by final judgment under applicable Laws law (including Sections sections 544 and 548 of the United States Bankruptcy Code) any limitations on the amount of any Guarantor’s 's liability with respect to the Guaranteed Obligations that any which the Agent or any other Lending Party the Lenders can enforce under this Section 10.14section 5, Agents the Agent and the other Lending Parties Lenders by their acceptance hereof accept such limitation on the amount of such Guarantor’s 's liability hereunder to the extent needed to make this Section 10.14 section 5 fully enforceable and non-avoidablenonavoidable.

Appears in 1 contract

Samples: Credit Agreement (Ict Group Inc)

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Laws (including Sections sections 544 and 548 of the Bankruptcy Code) any limitations on the amount of any Subsidiary Guarantor’s liability with respect to the Guaranteed Obligations that any Agent or any other Lending Party can enforce under this Section 10.1411.19, Agents Agent and the other Lending Parties each Lender by their acceptance hereof accept such limitation on the amount of such Subsidiary Guarantor’s liability hereunder to the extent needed to make this Section 10.14 11.19 fully enforceable and non-avoidablenonavoidable.

Appears in 1 contract

Samples: Loan and Security Agreement (Amyris, Inc.)

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Laws (including Sections sections 544 and 548 of the Bankruptcy Code) any limitations on the amount of any Subsidiary Guarantor’s liability with respect to the Guaranteed Obligations that any Agent or any other Lending Party can enforce under this Section 10.1411.19, Agents Lender and the other Lending Parties Agent by their acceptance hereof accept such limitation on the amount of such Subsidiary Guarantor’s liability hereunder to the extent needed to make this Section 10.14 11.19 fully enforceable and non-avoidablenonavoidable.

Appears in 1 contract

Samples: Loan and Security Agreement (Egalet Corp)

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Laws (including Sections 544 and 548 of the Bankruptcy Code) any limitations on the amount of any Guarantor’s 's liability with respect to the Guaranteed Obligations that any Agent or any other Lending Party can enforce under this Section 10.14, Agents and the other Lending Parties by their acceptance hereof accept such limitation on the amount of such Guarantor’s 's liability hereunder to the extent needed to make this Section 10.14 fully enforceable and non-avoidable.

Appears in 1 contract

Samples: Loan and Security Agreement (INVACARE HOLDINGS Corp)

AutoNDA by SimpleDocs

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Laws (including Sections sections 544 and 548 of the Bankruptcy Code) any limitations on the amount of any Subsidiary Guarantor’s liability with respect to the Guaranteed Obligations that any Agent or any other Lending Party Lender can enforce under this Section 10.1411, Agents and the other Lending Parties Lender by their its acceptance hereof accept accepts such limitation on the amount of such Subsidiary Guarantor’s liability hereunder to the extent needed to make this Section 10.14 11 fully enforceable and non-avoidablenonavoidable.

Appears in 1 contract

Samples: Loan and Security Agreement (Amyris, Inc.)

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Laws Law (including the Uniform Fraudulent Transfer Act and Sections 544 and 548 of the Bankruptcy Code) any limitations on the amount of any Subsidiary Guarantor’s liability with respect to the Guaranteed Obligations that any Administrative Agent or any other Lending Party Lender can enforce under this Section 10.14, Agents Administrative Agent and the other Lending Parties Lenders by their acceptance hereof accept such limitation on the amount of such Subsidiary Guarantor’s liability hereunder to the extent needed to make this Section 10.14 fully enforceable and non-avoidablenonavoidable.

Appears in 1 contract

Samples: Credit Agreement (FlexShopper, Inc.)

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Laws (including Sections sections 544 and 548 of the Bankruptcy Code) any limitations on the amount of any Applicable Guarantor’s liability with respect to the Guaranteed Obligations that any Administrative Agent or any other Lending Party can enforce under this Section 10.14, Agents Administrative Agent and the other Lending Parties by their acceptance hereof accept such limitation on the amount of such Applicable Guarantor’s liability hereunder to the extent needed to make this Section 10.14 fully enforceable and non-avoidablenonavoidable.

Appears in 1 contract

Samples: Loan and Security Agreement (Intercloud Systems, Inc.)

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Laws (including Sections sections 544 and 548 of the Bankruptcy Code) any limitations on the amount of any Subsidiary Guarantor’s liability with respect to the Guaranteed Obligations that any Agent Lender or any other Lending Party September Notes Lender can enforce under this Section 10.1410, Agents each Lender and the other Lending Parties each September Notes Lender by their its acceptance hereof accept accepts such limitation on the amount of such Subsidiary Guarantor’s liability hereunder to the extent needed to make this Section 10.14 10 fully enforceable and non-avoidablenonavoidable.

Appears in 1 contract

Samples: Credit and Security Agreement (Amyris, Inc.)

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Applicable Laws (including Sections 544 and 548 of the Bankruptcy Code) any limitations on the amount of any Guarantor’s liability with respect to the Guaranteed Obligations that any Agent or any other Lending Party Lenders can enforce under this Section 10.14Article XVII, Agents Agent and the other Lending Parties Lender by their acceptance hereof accept such limitation on the amount of such Guarantor’s liability hereunder to the extent needed to make this Section 10.14 Article XVII fully enforceable and non-avoidable.

Appears in 1 contract

Samples: Revolving Credit, Security and Guaranty Agreement (ZRCN Inc.)

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Laws (including Sections sections 544 and 548 of the Bankruptcy Code) any limitations on the amount of any Guarantor’s liability with respect to the Guaranteed Obligations that any Agent or any other Lending Party can enforce under this Section 10.14, Agents each Agent and the other Lending Parties by their acceptance hereof accept such limitation on the amount of such Guarantor’s liability hereunder to the extent needed to make this Section 10.14 fully enforceable and non-avoidablenonavoidable.

Appears in 1 contract

Samples: Loan and Security Agreement (Alliance Entertainment Holding Corp)

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Laws (including Sections sections 544 and 548 of the Bankruptcy Code) any limitations on the amount of any Subsidiary Guarantor’s liability with respect to the Guaranteed Obligations that any Agent or any other Lending Party Lender can enforce under this Section 10.1410.4, Agents and the other Lending Parties Lender by their acceptance hereof accept such limitation on the amount of such Subsidiary Guarantor’s liability hereunder to the extent needed to make this Section 10.14 10.4 fully enforceable and non-avoidablenonavoidable.

Appears in 1 contract

Samples: Loan and Security Agreement (BioAmber Inc.)

Limitation of Guaranty. To the extent that any court of competent jurisdiction shall impose by final judgment under applicable Laws law (including Sections applicable state law and §§544 and 548 of the Bankruptcy Code) any limitations on the amount of any Guarantor’s liability with respect to the Guaranteed Obligations that which any Agent or any other Lending Guaranteed Party can enforce under this Section 10.14Guaranty, Agents and the other Lending Guaranteed Parties by their acceptance hereof accept such limitation on the amount of such Guarantor’s liability hereunder to the extent needed to make this Section 10.14 Guaranty and the Guarantor Documents fully enforceable and non-avoidablenonavoidable.

Appears in 1 contract

Samples: Credit Agreement (Cnet Networks Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!