Limitation of Subsidiary Guarantor's Liability. Each Guarantor that is a Subsidiary of the Company, and by its acceptance hereof each Holder, hereby confirms that it is the intention of all such parties that the Guarantee by such Guarantor pursuant to its Guarantee not constitute a fraudulent transfer or conveyance for purposes of the Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar Federal or state law. To effectuate the foregoing intention, the Holders and such Guarantor hereby irrevocably agree that the obligations of such Guarantor under this Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor (including, but not limited to, the Guarantor Senior Indebtedness 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, result in the obligations of such Guarantor under the Guarantee not constituting such fraudulent transfer or conveyance. [signatures on following pages] 150
Appears in 1 contract
Samples: Indenture (Golden Sky Systems Inc)
Limitation of Subsidiary Guarantor's Liability. Each Guarantor that is a Subsidiary of the Company, and by its acceptance hereof each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee by such Guarantor pursuant to its Note Guarantee not constitute a fraudulent transfer or conveyance for purposes of the Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar Federal federal or state law. To effectuate the foregoing intention, the Holders and such Guarantor hereby irrevocably agree that the obligations of such Guarantor under this Note Guarantee shall be limited to the maximum amount as willwhich, after giving effect to all other contingent and fixed liabilities of such Guarantor (includingGuarantor, but not limited to, the Guarantor Senior Indebtedness of such Guarantor) and after giving effect to any collections from or payments made by or on behalf of of, any other Guarantor in respect of the obligations of such other Guarantor under its GuaranteeNote Guarantee or pursuant to its contribution obligations under this Article XII, will result in the obligations of such Guarantor under the its Note Guarantee not constituting such fraudulent transfer or conveyance. [signatures on following pages] 150.
Appears in 1 contract
Samples: Indenture (Saks Inc)
Limitation of Subsidiary Guarantor's Liability. Each Guarantor that is a Subsidiary of the Company, and by its acceptance hereof each Holder, hereby confirms that it is the intention of all such parties that the Guarantee by such Guarantor pursuant to its Guarantee not constitute a fraudulent transfer or conveyance for purposes of the Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar Federal or state law. To effectuate the foregoing intention, the Holders and such Guarantor hereby irrevocably agree that the obligations of such Guarantor under this Guarantee shall be limited to the maximum amount as willwhich, after giving effect to all other contingent and fixed liabilities of such Guarantor (includingGuarantor, but not limited to, the Guarantor Senior Indebtedness 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 GuaranteeGuarantee or pursuant to its contribution obligations under this Article Twelve, will result in the obligations of such Guarantor under the its Guarantee not constituting such fraudulent transfer or conveyance. [signatures on following pages] 150.
Appears in 1 contract
Limitation of Subsidiary Guarantor's Liability. Each Guarantor that is a Subsidiary of the Company---------------------------------------------- Guarantor, and by its acceptance hereof each Holder, hereby confirms that it is the intention of all such parties that the Security Guarantee by such Guarantor pursuant to its Security Guarantee not constitute a fraudulent transfer or conveyance for purposes of the any Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar Federal or state law. To effectuate the foregoing intention, the Holders and such Guarantor hereby irrevocably agree that the obligations of such Guarantor under this Security Guarantee shall be limited to the maximum amount as willwhich, after giving effect to all other contingent and fixed liabilities of such Guarantor (includingGuarantor, but not limited to, the Guarantor Senior Indebtedness 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 GuaranteeSecurity Guarantee or pursuant to its contribution obligations under this Article Thirteen, shall result in the obligations of such Guarantor under the its Security Guarantee not constituting such fraudulent transfer or conveyance. [signatures on following pages] 150.
Appears in 1 contract
Samples: MTL Inc
Limitation of Subsidiary Guarantor's Liability. Each Guarantor that is a Subsidiary of the CompanyGuarantor, and by its acceptance hereof each Holder, hereby confirms that it is the intention of all such parties that the Guarantee by such Guarantor pursuant to its Guarantee not constitute a fraudulent transfer or conveyance for purposes of the Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar Federal or state law. To effectuate the foregoing intention, the Holders and such Guarantor hereby irrevocably agree that the obligations of such Guarantor under this Guarantee shall be limited to the maximum amount as willwhich, after giving effect to all other contingent and fixed liabilities of such Guarantor (includingGuarantor, but not limited to, the Guarantor Senior Indebtedness 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 GuaranteeGuarantee or pursuant to its contribution obligations under this Article Twelve, will result in the obligations of such Guarantor under the its Guarantee not constituting such fraudulent transfer or conveyance. [signatures on following pages] 150.
Appears in 1 contract
Samples: Pentacon Industrial Group Inc
Limitation of Subsidiary Guarantor's Liability. Each Guarantor that is a Subsidiary of the Company, and by its acceptance hereof each Holder, hereby confirms that it is the intention of all such parties that the Guarantee by such Guarantor pursuant to its Guarantee not constitute a fraudulent transfer or conveyance for purposes of the Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar Federal federal or state law. To effectuate the foregoing intention, the Holders and such Guarantor hereby irrevocably agree that the obligations of such Guarantor under this Guarantee shall be limited to the maximum amount as willwhich, after giving effect to all other contingent and fixed liabilities of such Guarantor (includingGuarantor, but not limited to, the Guarantor Senior Indebtedness of such Guarantor) and after giving effect to any collections from or payments made by or on behalf of of, any other Guarantor in respect of the obligations of such other Guarantor under its GuaranteeGuarantee or pursuant to its contribution obligations under this Article 12, will result in the obligations of such Guarantor under the its Guarantee not constituting such fraudulent transfer or conveyance. [signatures on following pages] 150.
Appears in 1 contract
Samples: Indenture (Saks Inc)
Limitation of Subsidiary Guarantor's Liability. Each Guarantor that is a Subsidiary of the Company, and by its acceptance hereof each Holder, hereby confirms that it is the intention of all such parties that the Guarantee by such Guarantor pursuant to its Guarantee not constitute a fraudulent transfer or conveyance for purposes of the Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar Federal or state law. To effectuate the foregoing intention, the Holders and such Guarantor hereby irrevocably agree that the obligations of such Guarantor under this Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor (including, but not limited to, the Guarantor Senior Indebtedness 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, result in the obligations of such Guarantor under the Guarantee not constituting such fraudulent transfer or conveyance. [signatures on following pages] 150]
Appears in 1 contract
Samples: Blue Bird Corp
Limitation of Subsidiary Guarantor's Liability. Each Guarantor that is a Subsidiary of the CompanyGuarantor, and by its acceptance hereof each Holder, hereby confirms that it is the intention of all such parties that the Security Guarantee by such Guarantor pursuant to its Security Guarantee not constitute a fraudulent transfer or conveyance for purposes of the any Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar Federal or state law. To effectuate the foregoing intention, the Holders and such Guarantor hereby irrevocably agree that the obligations of such Guarantor under this Security Guarantee shall be limited to the maximum amount as willwhich, after giving effect to all other contingent and fixed liabilities of such Guarantor (includingGuarantor, but not limited to, the Guarantor Senior Indebtedness 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 GuaranteeSecurity Guarantee or pursuant to its contribution obligations under this Article Thirteen, shall result in the obligations of such Guarantor under the its Security Guarantee not constituting such fraudulent transfer or conveyance. [signatures on following pages] 150.
Appears in 1 contract