Common use of Limitation on Amount of Guarantee Clause in Contracts

Limitation on Amount of Guarantee. Notwithstanding anything to the contrary in this Article, Guarantor, and by its acceptance of Securities, each Holder of Securities, hereby confirms that it is the intention of all such parties that the Guarantee of Guarantor not constitute a fraudulent conveyance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of other U.S. and non-U.S. law. To effectuate that intention, the Trustee, the Holders of Securities and Guarantor hereby irrevocably agree that the obligations of Guarantor under the Guarantee are limited to the maximum amount that would not render Guarantor's obligations subject to avoidance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of other U.S. and non-U.S. law.

Appears in 3 contracts

Samples: Indenture (CSX Transportation Inc), Indenture (Nyc Newco Inc), Indenture (CSX Transportation Inc)

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Limitation on Amount of Guarantee. Notwithstanding anything to the contrary in this Article, Guarantor, and by its acceptance of SecuritiesEquipment Notes, each Holder of SecuritiesEquipment Notes, hereby confirms that it is the intention of all such parties that the Guarantee of Guarantor not constitute a fraudulent conveyance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of other U.S. and non-U.S. law. To effectuate that intention, the Trustee, the Holders of Securities Equipment Notes and Guarantor hereby irrevocably agree that the obligations of Guarantor under the Guarantee are limited to the maximum amount that would not render Guarantor's ’s obligations subject to avoidance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of other U.S. and non-U.S. law.

Appears in 2 contracts

Samples: First Supplemental Indenture (CSX Corp), Second Supplemental Indenture (CSX Corp)

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Limitation on Amount of Guarantee. Notwithstanding anything to the contrary in this ArticleArticle 11, the Guarantor, and by its acceptance of Securities, each Holder of SecuritiesHolder, hereby confirms that it is the intention of all such parties that the Guarantee of Guarantor shall not constitute a fraudulent conveyance under applicable fraudulent conveyance provisions of the United States U.S. Bankruptcy Code or and/or any comparable provision of other U.S. and non-U.S. law. To effectuate that intention, the Trustee, the Holders of Securities and Guarantor Holders, the Obligors hereby irrevocably agree that the obligations of the Guarantor under the Guarantee are limited to the maximum amount that would not render the Guarantor's ’s obligations subject to avoidance under applicable fraudulent conveyance provisions of the United States U.S. Bankruptcy Code or any comparable provision of other U.S. and non-U.S. law.

Appears in 1 contract

Samples: Indenture (Equinix Europe 2 Financing Corp LLC)

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