Limitation of the Guarantor's Liability. The Guarantor, and by its acceptance hereof, each Holder, hereby confirms that it is the intention of both parties that the 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 the Guarantor hereby irrevocably agree that the obligations of the Guarantor under this Article XI shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of the Guarantor, result in the obligations of the Guarantor under the Guarantee not constituting a fraudulent transfer or conveyance under federal or state law.
Limitation of the Guarantor's Liability. The Guarantor is a limited partnership formed under the Limited Partnerships Act (Ontario), a limited partner of which is, except as expressly required by law, only liable for any of its liabilities or any of its losses to the extent of the amount that the limited partner has contributed.
Limitation of the Guarantor's Liability. Each Guarantor and, by its acceptance and ownership of a Security and by its acceptance of any benefits under any Guarantee, each Holder of a Security or any Coupon appertaining thereto hereby confirms that it is the intention of all parties that the obligations of the Guarantors under their Guarantees and Section 1601 of this Indenture shall not constitute a fraudulent conveyance or fraudulent transfer under any applicable fraudulent conveyance, fraudulent transfer, bankruptcy, insolvency or other similar law of any applicable jurisdiction. To effectuate the foregoing intention, each Holder of any Securities or any Coupons appertaining thereto, by its acceptance and ownership of such Securities or Coupons, as the case may be, and by its acceptance of any benefits under any Guarantee, and each Guarantor hereby agree that the obligations of such Guarantor under its Guarantee and Section 1601 of this Indenture are limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor, result in the obligations of such Guarantor under its Guarantee and Section 1601 of this Indenture not constituting a fraudulent conveyance or fraudulent transfer under applicable law. Subject to the preceding limitation, the obligations of each Guarantor under its Guarantee and Section 1601 of this Indenture constitute a guarantee of payment in full when due and not merely a guarantee of collectability.
Limitation of the Guarantor's Liability. The Guarantor acknowledges that it will receive direct and indirect benefits from the financing arrangements contemplated by this Indenture, including, without limitation, the net proceeds of the sale of the Convertible Notes. The Guarantor and by its acceptance hereof, each beneficiary hereof, hereby confirms that it is its intention that the 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, state or foreign law to the extent applicable to the Guarantee. To effectuate the foregoing intention, each such person hereby irrevocably agrees that the obligation of the Guarantor under the Guarantee under this Article 12 shall be limited to the maximum amount as will, after giving effect to such maximum amount and all other (contingent or otherwise) liabilities of the Guarantor that are relevant under such laws, result in the obligations of the Guarantor in respect of such maximum amount not constituting a fraudulent conveyance.
Limitation of the Guarantor's Liability. Each Guarantor and, by its acceptance and ownership of a Senior Note and by its acceptance of any benefits under any Guaranty, each Holder of a Senior Note hereby confirms that it is the intention of all parties that the obligations of the Guarantors under their Guaranties shall not constitute a fraudulent conveyance or fraudulent transfer under any applicable fraudulent conveyance, fraudulent transfer, bankruptcy, insolvency or other similar law of any applicable jurisdiction. To effectuate the foregoing intention, each Holder of the Senior Notes, by its acceptance and ownership of Senior Notes and by its acceptance of any benefits under any Guaranty, and each Guarantor hereby agree that the obligations of such Guarantor under its Guaranty are limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor, result in the obligations of such Guarantor under its Guaranty not constituting a fraudulent conveyance or fraudulent transfer under applicable law. Subject to the preceding limitation, the obligations of each Guarantor under its Guaranty constitute a guaranty of payment in full when due and not merely a guaranty of collectability.
Limitation of the Guarantor's Liability. The Guarantor, and by its acceptance hereof each Holder, hereby confirms that it is the intention of all such parties that the Guarantee not constitute a fraudulent transfer or conveyance for purposes of any Bankruptcy Law, the U.S. Uniform Fraudulent Conveyance Act, the U.S. Uniform Fraudulent Transfer Act or any similar law of the United States or any state thereof or any foreign jurisdiction. To effectuate the foregoing intention, the Holders and the Guarantor hereby irrevocable agree that the obligations of the Guarantor under this Clause 10 shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of the Guarantor, result in the obligations of the Guarantor under the Guarantee not constituting a fraudulent transfer or conveyance.
Limitation of the Guarantor's Liability. The Guarantor and by its acceptance hereof each Holder confirms that it is the intention of all such parties that the guarantee by the Guarantor pursuant to this Guarantee not constitute a fraudulent transfer or conveyance for purposes of the Federal Bankruptcy Code, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law or the provisions of its local law relating to fraudulent transfer or conveyance. To effectuate the foregoing intention, the Holders and the Guarantor hereby irrevocably agree that the obligations of the Guarantor under the Guarantee shall be limited to the maximum amount that will not, after giving effect to all other contingent and fixed liabilities of the Guarantor and after giving effect to any collections from or payments made by or on behalf of Guarantor in respect of the obligations of the Guarantor under the Guarantee or pursuant to Section 1306 hereof, result in the obligations of the Guarantor under this Guarantee constituting such fraudulent transfer or conveyance.
Limitation of the Guarantor's Liability. Certain Bankruptcy Events 74 Section 13.03 Execution And Delivery 74 Section 14.01 Exchange 74 Section 14.02 Exchange Procedure; Settlement Upon Exchange 78 Section 14.03 Intentionally Omitted 82 Section 14.04 Adjustment of Exchange Rate 82 Section 14.05 Adjustments of Prices 96 Section 14.06 Shares to Be Fully Paid 96 Section 14.07 Effect of Recapitalizations, Reclassifications and Changes of the Ordinary Shares 96 Section 14.08 Certain Covenants 98 Section 14.09 Responsibility of Trustee 99 Section 14.10 Notice to Holders Prior to Certain Actions 100 Section 14.11 Shareholder Rights Plans 100
Limitation of the Guarantor's Liability. 57 ARTICLE 12 58 MISCELLANEOUS 58
Limitation of the Guarantor's Liability. Each Guarantor and, by its acceptance of a Note, each of the Holders 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 any Bankruptcy Law, any applicable law relating to fraudulent conveyance or fraudulent transfer or similar laws affecting the rights of creditors generally. To effectuate the foregoing intention, the Holders and the Guarantors hereby irrevocably agree that the obligations of the Guarantors under their Guarantees shall be limited to the maximum amount as shall, after giving effect to all other contingent and fixed liabilities of the Guarantors and after giving effect to any collections from or payments made by a Guarantor under its Guarantee, result in the obligations of such Guarantor under its Guarantee not constituting such fraudulent transfer or conveyance.
