Limitation on Guaranteed Obligations. Notwithstanding any provision herein to the contrary, Guarantor's liability hereunder shall be limited to an amount not to exceed as of any date of determination the greater of: (a) the net amount of all L/C Obligations and Committed Loans advanced under the Credit Agreement and directly or indirectly re-loaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the rate specified in the Credit Agreement; or (b) the amount which could be claimed by the Lender from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Guarantor's right of contribution and indemnification from each other Guarantor under Section 17.
Appears in 2 contracts
Samples: Credit Agreement (Ss&c Technologies Inc), Guaranty Agreement (Ss&c Technologies Inc)
Limitation on Guaranteed Obligations. Notwithstanding any provision herein contained to the contrary, Guarantor's ’s liability hereunder shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all L/C Obligations Loans and Committed Loans other extensions of credit advanced under the Credit Loan Agreement and directly or indirectly re-loaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the applicable rate specified in the Credit Loan Agreement; or
(b) the amount which could be claimed by the Lender Agent and Lenders from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Guarantor's ’s right of contribution and indemnification from each other Guarantor under Section 175.10.
Appears in 2 contracts
Samples: Guaranty (Salient Surgical Technologies, Inc.), Guaranty (Salient Surgical Technologies, Inc.)
Limitation on Guaranteed Obligations. Notwithstanding any provision herein contained to the contrary, each Guarantor's liability hereunder shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all L/C Obligations Loans and Committed Loans other extensions of credit (including Letters of Credit) advanced under the Credit Agreement and directly or indirectly re-loaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the applicable rate specified in the Credit Agreement; or
(b) the amount which could be claimed by the Lender Agent and Lenders from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Guarantor's right of contribution and indemnification from each other Guarantor under Section 177.14 hereof.
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Limitation on Guaranteed Obligations. Notwithstanding any provision herein contained to the contrary, each Guarantor's ’s liability hereunder shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all L/C Obligations Loans and Committed Loans other extensions of credit (including Letters of Credit) advanced under the Credit Agreement and directly or indirectly re-loaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the applicable rate specified in the Credit Agreement; or
(b) the amount which could be claimed by the Lender Agent and Lenders from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Guarantor's ’s right of contribution and indemnification from each other Guarantor under Section 177.12.
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Limitation on Guaranteed Obligations. Notwithstanding any provision herein contained to the contrary, each Guarantor's liability hereunder shall be limited to an amount not to exceed as of any date of determination the greater of:
(aA) the net amount of all L/C Obligations Loans and Committed Loans other extensions of credit advanced under the Credit Agreement and directly or indirectly re-loaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the rate specified in the Credit Agreement; or
(bB) the amount which could be claimed by the Lender Agent and Lenders from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or of common law after (taking into account, among other things, account such Guarantor's right of contribution and indemnification from each other Guarantor indemnity under Section 177.12).
Appears in 1 contract
Limitation on Guaranteed Obligations. Notwithstanding any provision herein contained to the contrary, each Guarantor's liability hereunder shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all L/C Obligations Loans and Committed Loans other extensions of credit (including Letters of Credit) advanced under the Credit Agreement and directly or indirectly re-loaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the applicable rate specified in the Credit Agreement; or
(b) the amount which could be claimed by the Lender Agent and Lenders from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Guarantor's right of contribution and indemnification from each other Guarantor under Section 17SECTION 6.10.
Appears in 1 contract
Samples: Guaranty (Ddi Corp)
Limitation on Guaranteed Obligations. Notwithstanding any provision herein contained to the contrary, each Guarantor's ’s liability hereunder shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all L/C Obligations Loans and Committed Loans other extensions of credit (including Letters of Credit) advanced under the Credit Agreement and directly or indirectly re-loaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the applicable rate specified in the Credit Agreement; or
(b) the amount which could be claimed by the Lender Agent and Lenders from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Guarantor's ’s right of contribution and indemnification from each other Guarantor under Section 177.12 and such Guarantor’s right of subrogation from Borrowers under law.
Appears in 1 contract
Samples: Subsidiary Guaranty (Westaff Inc)
Limitation on Guaranteed Obligations. Notwithstanding any provision herein contained to the contrary, each Guarantor's ’s liability hereunder shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all L/C Obligations Loans and Committed Loans other extensions of credit (including Letters of Credit) advanced under the Credit Agreement and directly or indirectly re-loaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the applicable rate specified in the Credit Agreement; or
(b) the amount which could be claimed by the Lender Agent and Lenders from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Guarantor's ’s right of contribution and indemnification from each other Guarantor under Section 176.10.
Appears in 1 contract
Samples: Guaranty (Ddi Corp)
Limitation on Guaranteed Obligations. Notwithstanding any provision herein contained to the contrary, each Guarantor's liability hereunder shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all L/C Obligations Revolving Loans and Committed Loans other extensions of credit (including Letters of Credit) advanced under the Credit Agreement and directly or indirectly re-loaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the applicable rate specified in the Credit Agreement; or
(b) the amount which could be claimed by the Lender Administrative Agent and Revolver Secured Parties from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Guarantor's right of contribution and indemnification from each other Guarantor under Section 177.10.
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Limitation on Guaranteed Obligations. Notwithstanding any provision herein contained to the contrary, each Guarantor's liability hereunder shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all L/C Obligations Loans and Committed Loans other extensions of credit (including Letters of Credit) advanced under the Credit Agreement and directly or indirectly re-loaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the applicable rate specified in the Credit Agreement; or
(b) the amount which could be claimed by the Lender Agent and Lenders from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Guarantor's right of contribution and indemnification from each other Guarantor under Section 177.12.
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Limitation on Guaranteed Obligations. Notwithstanding any provision herein contained to the contrary, Guarantor's ’s liability hereunder shall be limited limited, on a joint and several basis, to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all L/C Obligations the Term Loans and Committed Loans other extensions of credit advanced under the Credit Loan Agreement and directly or indirectly re-loaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the applicable rate specified in the Credit Loan Agreement; or
(b) the amount which could be claimed by the Lender Agent and Lenders from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Guarantor's ’s right of contribution and indemnification from each any other Guarantor under Section 17guarantor of the Term Loans.
Appears in 1 contract
Limitation on Guaranteed Obligations. Notwithstanding any provision herein contained to the contrary, each Guarantor's ’s liability hereunder shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all L/C Obligations Loans and Committed other Loans advanced under the Credit Loan Agreement and directly or indirectly re-loaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the applicable rate specified in the Credit Loan Agreement; or
(b) the amount which could be claimed by the Lender from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Guarantor's ’s right of contribution and indemnification from each other Guarantor under Section 178.12.
Appears in 1 contract
Limitation on Guaranteed Obligations. Notwithstanding any provision herein contained to the contrary, each Guarantor's ’s liability hereunder shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all L/C Obligations Loans and Committed Loans other extensions of credit (including Letters of Credit) advanced under the Credit Agreement and directly or indirectly re-loaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the applicable rate specified in the Credit Agreement; or
(b) the amount which could be claimed by the Lender from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Guarantor's ’s right of contribution and indemnification from each other Guarantor under Section 176.11.
Appears in 1 contract
Samples: Credit Agreement (iFresh Inc)
Limitation on Guaranteed Obligations. Notwithstanding any provision herein contained to the contrary, Guarantor's ’s liability hereunder shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all L/C Obligations guaranties and Committed Loans other extensions of credit (including Letters of Credit) advanced under the Credit Reimbursement Agreement and directly or indirectly re-loaned reloaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the rate specified in the Credit Reimbursement Agreement; or
(b) the amount which could be claimed by the Lender Guarantied Parties from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or of common law after taking into account, among other things, such Guarantor's right of contribution and indemnification from each other Guarantor under Section 17.
Appears in 1 contract
Samples: Guaranty (Buy Com Inc)
Limitation on Guaranteed Obligations. Notwithstanding any provision herein contained to the contrary, each Guarantor's ’s liability hereunder shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of the Revolving Loan, including all L/C Obligations Revolving Credit Advances, and Committed Loans other extensions of credit advanced under the Credit Loan Agreement and the other Loan Documents and directly or indirectly re-re- loaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the applicable rate specified in the Credit Loan Agreement; or
(b) the amount which that could be claimed by the Lender from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Guarantor's ’s right of contribution and indemnification from each other Guarantor under Section 177.12.
Appears in 1 contract
Samples: Guaranty (Asta Funding Inc)
Limitation on Guaranteed Obligations. Notwithstanding any provision herein contained to the contrary, each Guarantor's ’s (other than Parent and Intermediate Parent) liability hereunder shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all L/C Obligations and Committed Loans the Revolving Loan advanced under the Credit Agreement and directly or indirectly re-loaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the applicable rate specified in the Credit Agreement; or
(b) the amount which could be claimed by the Lender from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Guarantor's ’s right of contribution and indemnification from each other Guarantor under Section 177.11.
Appears in 1 contract
Limitation on Guaranteed Obligations. Notwithstanding any provision herein to the contrary, each Guarantor's ’s liability hereunder shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all L/C Obligations LC Liabilities and Committed Loans advanced under the Credit Agreement and directly or indirectly re-loaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the rate specified in the Credit Agreement; or
(b) the amount which could be claimed by the Lender Agent and the Lenders from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Guarantor's ’s right of contribution and indemnification from each other Guarantor under Section 17§16.
Appears in 1 contract
Samples: Continuing Guaranty Agreement (Lionbridge Technologies Inc /De/)
Limitation on Guaranteed Obligations. Notwithstanding any provision herein contained to the contrary, each Guarantor's ’s liability hereunder shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all L/C Obligations Loans and Committed Loans other extensions of credit advanced under the Credit Loan Agreement and directly or indirectly re-loaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the applicable rate specified in the Credit Loan Agreement; or
(b) the amount which could be claimed by the Lender Agent and Lenders from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Guarantor's ’s right of contribution and indemnification from each other Guarantor under Section 175.11.
Appears in 1 contract
Limitation on Guaranteed Obligations. Notwithstanding any provision herein contained to the contrary, each Guarantor's liability hereunder shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all L/C Obligations Loans and Committed Loans other extensions of credit (including Letters of Credit) advanced under the Credit Agreement and directly or indirectly re-loaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the rate specified in the Credit Agreement; or
(b) the amount which could be claimed by the Lender Agent and Lenders from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or of common law after taking into account, among other things, such Guarantor's right of contribution and indemnification from each other Guarantor under Section 177.12.)
Appears in 1 contract
Samples: Subsidiary Guaranty (Baldwin Piano & Organ Co /De/)
Limitation on Guaranteed Obligations. Notwithstanding any provision herein contained to the contrary, each Guarantor's liability hereunder shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all L/C Obligations Loans and Committed Loans other extensions of credit (including Letters of Credit) advanced under the Credit Agreement and directly or indirectly re-loaned or otherwise transferred to, or incurred for the benefit of, such Guarantor, plus interest thereon at the applicable rate specified in the Credit Agreement; or
(b) the amount which could be claimed by the Lender Agent and Lenders from such Guarantor under this Guaranty without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Guarantor's right of contribution and indemnification from each other Guarantor under Section 17.SECTION 6.10. GUARANTY
Appears in 1 contract
Samples: Guaranty (Ddi Corp)