Limitation on Guaranteed Amount. (a) Notwithstanding any other provision of this Guaranty Agreement, the amount guaranteed by Guarantor hereunder shall be limited to the extent, if any, required so that its obligations under this Guaranty Agreement shall not be rendered voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or to being set aside or annulled under any applicable state law or foreign statute relating to fraud on creditors or under common law. In determining the limitations, if any, on the amount of Guarantor’s obligations hereunder pursuant to the preceding sentence, any rights of subrogation or contribution which Guarantor may have under this Guaranty Agreement or applicable statute shall be taken into account.
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Samples: Senior Promissory Note (Cosmos Holdings Inc.), Guaranty Agreement (Cosmos Holdings Inc.), Guaranty Agreement (Cosmos Holdings Inc.)
Limitation on Guaranteed Amount. (a) Notwithstanding any other provision of this Guaranty Agreement, the amount guaranteed by Guarantor hereunder shall be limited to the extent, if any, required so that its obligations under this Guaranty Agreement shall not be rendered voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or to being set aside or annulled under any applicable state law or foreign statute relating to fraud on creditors or under common law. In determining the limitations, if any, on the amount of Guarantor’s obligations hereunder pursuant to the preceding sentence, any rights of subrogation or contribution which Guarantor may have under this Guaranty Agreement or applicable statute shall be taken into account.
Appears in 2 contracts
Samples: Senior Promissory Note (Cosmos Holdings Inc.), Guaranty Agreement (Industrial Services of America Inc)
Limitation on Guaranteed Amount. (a) Notwithstanding any other provision of this Guaranty Agreement, the amount guaranteed by Guarantor hereunder shall be limited (a) to an aggregate principal amount not to exceed $3,000,000, and (b) to such lesser amount to the extent, if any, required so that its Guarantor’s obligations under this Guaranty Agreement shall not be rendered voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or to being set aside or annulled under any applicable state law or foreign statute relating to fraud on creditors or under common law. In determining the limitationslimitations under the foregoing clause (b), if any, on the amount of Guarantor’s obligations hereunder pursuant to the preceding sentencehereunder, any rights of subrogation or contribution which Guarantor may have under this Guaranty Agreement or applicable statute shall be taken into account.
Appears in 1 contract
Samples: Limited Guaranty Agreement (Volt Information Sciences, Inc.)
Limitation on Guaranteed Amount. (a) Notwithstanding any Any other provision of this Guaranty Agreementnotwithstanding, the amount guaranteed by the Guarantor hereunder shall be limited to the extent, if any, required so that its obligations under this Guaranty Agreement shall not be rendered voidable or avoidable subject to avoidance under Section 548 of Chapter 11 of the United States Bankruptcy Code or to being set aside or annulled under any applicable state law or foreign statute relating to fraud on creditors or under common lawcreditors. In determining the limitations, if any, on the amount of the Guarantor’s obligations hereunder pursuant to the preceding sentence, any rights of subrogation or contribution which the Guarantor may have under this Guaranty Agreement or applicable statute law shall be taken into account.
Appears in 1 contract
Limitation on Guaranteed Amount. (a) Notwithstanding any Any other provision of this Guaranty Agreementnotwithstanding, the amount guaranteed by the Guarantor hereunder shall be limited to the extent, if any, required so that its obligations under this Guaranty Agreement shall not be rendered voidable or avoidable subject to avoidance under Section 548 of Chapter 11 of the Federal Bankruptcy Code or to being set aside or annulled under any applicable state law or foreign statute relating to fraud on creditors or under common lawcreditors. In determining the limitations, if any, on the amount of the Guarantor’s 's obligations hereunder pursuant to the preceding sentence, any rights of subrogation or contribution which the Guarantor may have under this Guaranty Agreement or applicable statute law shall be taken into account.. [signatures on next page]
Appears in 1 contract
Samples: Parent Guaranty (Billing Information Concepts Corp)
Limitation on Guaranteed Amount. (a) Notwithstanding any Any other provision of this Guaranty Agreementnotwithstanding, the amount guaranteed by the Guarantor hereunder shall be limited to the extent, if any, required so that its obligations under this Guaranty Agreement shall not be rendered voidable or avoidable subject to avoidance under Section 548 of Chapter 11 of the Federal Bankruptcy Code or to being set aside or annulled under any applicable state law or foreign statute relating to fraud on creditors or under common lawcreditors. In determining the limitations, if any, on the amount of the Guarantor’s 's obligations hereunder pursuant to the preceding sentence, any rights of subrogation or contribution which the Guarantor may have under this Guaranty Agreement or applicable statute law shall be taken into account.
Appears in 1 contract
Samples: Affiliate Guaranty (Billing Information Concepts Corp)