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.
Appears in 6 contracts
Samples: Indenture (Pepsico Inc), Indenture (Pepsico Inc), Indenture (Bottling Group LLC)
Limitation of the Guarantor's Liability. The GuarantorGuarantor and, and by its acceptance hereof, each Holder, of the Lenders hereby confirms that it is the intention of both all such parties that the guarantee by the Guarantor pursuant to its Guarantee not constitute a fraudulent transfer or conveyance for purposes of the Bankruptcy LawCode, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar Federal or State state law. To effectuate the foregoing intention, the Holders Lenders and the Guarantor hereby irrevocably agree that the obligations of the Guarantor under this Article XI the Guarantee shall be limited to the maximum amount as willshall, 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 such fraudulent transfer or conveyance under federal or state lawconveyance.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (American Apparel, Inc)
Limitation of the Guarantor's Liability. The GuarantorGuarantor and, and by its acceptance hereofof a Note, each Holder, of the Holders hereby confirms that it is the intention of both all such parties that the guarantee by the Guarantor pursuant to the Guarantee not constitute a fraudulent transfer or conveyance for purposes of the any Bankruptcy Law, any applicable law relating to fraudulent conveyance or fraudulent transfer or similar laws affecting the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar Federal or State lawrights of creditors generally. To effectuate the foregoing intention, the Holders and the Guarantor hereby irrevocably agree that the obligations of the Guarantor under this Article XI its Guarantee shall be limited to the maximum amount as willshall, after giving effect to all other contingent and fixed liabilities of the GuarantorGuarantor and after giving effect to any collections from or payments made by the Guarantor under its Guarantee, result in the obligations of the Guarantor under the its Guarantee not constituting a such fraudulent transfer or conveyance under federal or state lawconveyance.
Appears in 1 contract
Samples: Indenture (Natura &Co Holding S.A.)
Limitation of the Guarantor's Liability. The Guarantor, Guarantor and by its acceptance hereof, hereof each Holder, Holder hereby confirms that it is the intention of both all such parties that the Guarantee by the 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 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 the Guarantee 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 such Guarantor under the Guarantee not constituting a such fraudulent transfer or conveyance under federal or state lawconveyance.
Appears in 1 contract
Limitation of the Guarantor's Liability. The Guarantor, Guarantor and by its acceptance hereof, hereof each Holder, Holder hereby confirms that it is the intention of both all such parties that the Guarantee by the 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 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 the Guarantee 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 such fraudulent transfer or conveyance under federal or state lawconveyance.
Appears in 1 contract