Common use of Limitation of Guaranty Clause in Contracts

Limitation of Guaranty. Notwithstanding any provision to the contrary contained herein or in any of the other Operative Agreements, to the extent the obligations of any Guarantor shall be adjudicated to be invalid or unenforceable for any reason (including without limitation because of any applicable state or federal law relating to fraudulent conveyances or transfers) then the obligations of such Guarantor hereunder shall be limited to the maximum amount that is permissible under applicable law (whether federal or state and including without limitation the Bankruptcy Code). Subject to Section 6B.5, upon the satisfaction of the Company Obligations in full, regardless of the source of payment, the Guarantors' obligations hereunder shall be deemed satisfied, discharged and terminated other than indemnifications set forth herein that expressly survive.

Appears in 15 contracts

Samples: Participation Agreement (Acxiom Corp), Participation Agreement (Quorum Health Group Inc), Participation Agreement (Pep Boys Manny Moe & Jack)

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Limitation of Guaranty. Notwithstanding any provision to the contrary contained herein or in any of the other Operative Agreements, to the extent the obligations of any the Guarantor shall be adjudicated to be invalid or unenforceable for any reason (including without limitation because of any applicable state or federal law relating to fraudulent conveyances or transfers) then the obligations of such the Guarantor hereunder shall be limited to the maximum amount that is permissible under applicable law (whether federal or state and including without limitation the Bankruptcy Code). Subject to Section 6B.5, upon the satisfaction of the Company Obligations and the Lessor Obligations in full, regardless of the source of payment, the Guarantors' Guarantor's obligations hereunder shall be deemed satisfied, discharged and terminated other than indemnifications set forth herein that expressly survive.

Appears in 1 contract

Samples: Participation Agreement (Healthsouth Corp)

Limitation of Guaranty. Notwithstanding any provision to the contrary contained herein or in any of the other Operative Agreements, to the extent the obligations of any the Guarantor shall be adjudicated to be invalid or unenforceable for any reason (including without limitation because of any applicable state or federal law relating to fraudulent conveyances or transfers) then the obligations of such the Guarantor hereunder shall be limited to the maximum amount that is permissible under applicable law (whether federal or state and including without limitation the Bankruptcy Code). Subject to Section 6B.5, upon the satisfaction of the Company Guaranteed Obligations in full, regardless of the source of payment, the Guarantors' Guarantor's obligations hereunder shall be deemed satisfied, discharged and terminated other than indemnifications set forth herein that expressly survive.

Appears in 1 contract

Samples: Participation Agreement (Sunrise Assisted Living Inc)

Limitation of Guaranty. Notwithstanding any provision to the contrary contained herein or in any of the other Operative Agreements, to the extent the obligations of any Guarantor shall be adjudicated to be invalid or unenforceable for any reason (including without limitation because of any applicable state or federal law relating to fraudulent conveyances or transfers) then the obligations of such Guarantor hereunder shall be limited to the maximum amount that is permissible under applicable law (whether federal or state and including without limitation the Bankruptcy Code). Subject to Section 6B.5, upon the satisfaction of the Company Obligations in full, regardless of the source of payment, the Guarantors' Guarantor's obligations hereunder shall be deemed satisfied, discharged and terminated other than indemnifications set forth herein that expressly survive.

Appears in 1 contract

Samples: Participation Agreement (Franklin Resources Inc)

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Limitation of Guaranty. Notwithstanding any provision to the contrary contained herein or in any of the other Operative Agreements, to the extent the obligations of any the Guarantor shall be adjudicated to be invalid or unenforceable for any reason (including without limitation because of any applicable state or federal law relating to fraudulent conveyances or transfers) then the obligations of such the Guarantor hereunder shall be limited to the maximum amount that is permissible under applicable law (whether federal or state and including without limitation the Bankruptcy Code). Subject to Section 6B.5, upon the satisfaction of the Company Obligations in full, regardless of the source of payment, the Guarantors' Guarantor's obligations hereunder shall be deemed satisfied, discharged and terminated other than indemnifications set forth herein that expressly survive.

Appears in 1 contract

Samples: Participation Agreement (Performance Food Group Co)

Limitation of Guaranty. Notwithstanding any provision to the contrary contained herein or in any of the other Operative Agreements, to the extent the obligations of any the Guarantor shall be adjudicated to be invalid or unenforceable for any reason (including without limitation because of any applicable state or federal law relating to fraudulent conveyances or transfers) then the obligations of such the Guarantor hereunder shall be limited to the maximum amount that is permissible under applicable law (whether federal or state and including without limitation the Bankruptcy Code). Subject to Section 6B.5, upon the satisfaction of the Company Obligations and the Lessor Obligations in full, regardless of the source of payment, the Guarantors' Guarantor’s obligations hereunder shall be deemed satisfied, discharged and terminated other than indemnifications set forth herein that expressly survive.

Appears in 1 contract

Samples: Participation Agreement (Healthsouth Corp)

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