Common use of Limitation on Guarantor Liability Clause in Contracts

Limitation on Guarantor Liability. The Guarantor, and by its acceptance of the Notes, each Holder, hereby confirms that it is the intention of all such parties that the Guarantee of the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantor hereby irrevocably agree that the obligations of the Guarantor shall be limited to the maximum amount as will, after giving effect to such maximum amount and all other contingent and fixed liabilities of the Guarantor that are relevant under such laws, result in the obligations of the Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under applicable law.

Appears in 5 contracts

Samples: Indenture (Alliant Energy Corp), Indenture (Alliant Energy Corp), Indenture (Alliant Energy Corp)

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Limitation on Guarantor Liability. The Guarantor, and by its acceptance of the Notes, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantor hereby irrevocably agree that the obligations of the Guarantor shall will be limited to the maximum amount as willthat shall, after giving effect to such maximum amount and all other contingent and fixed liabilities of the Guarantor that are relevant under such laws, result in the obligations of the Guarantor under the Note Guarantee not constituting a fraudulent conveyance transfer or fraudulent transfer under applicable lawconveyance.

Appears in 4 contracts

Samples: Fourth Supplemental Indenture (CyrusOne Inc.), Third Supplemental Indenture (CyrusOne Inc.), First Supplemental Indenture (CyrusOne Inc.)

Limitation on Guarantor Liability. The Guarantor, and by its acceptance of the NotesSecurities, each Holder, hereby confirms that it is the intention of all such parties that the Guarantee of the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the any Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantor hereby irrevocably agree that the obligations of the such Guarantor shall will be limited to the maximum amount as that will, after giving effect to such maximum amount and all other contingent and fixed liabilities of the Guarantor that are relevant under such laws, result in the obligations of the Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under applicable law.

Appears in 3 contracts

Samples: Indenture (America First Multifamily Investors, L.P.), Indenture (American Real Estate Finance Corp.), Indenture (American Real Estate Finance Corp.)

Limitation on Guarantor Liability. The Guarantor, and and, by its acceptance of the Notesany Note, each Holder, hereby confirms that it is the intention of all such parties Guarantor and the Holders intend that the Guarantee of the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the Guarantee. To effectuate the foregoing intention, Each of the Trustee, the Holders and the Guarantor hereby irrevocably agree agrees that the obligations of the Guarantor shall under its Guarantee will be limited to the maximum amount as that will, after giving effect to such maximum amount and all other contingent and fixed liabilities of the Guarantor that are relevant under such laws, result in the obligations of the Guarantor under the its Guarantee not constituting a fraudulent conveyance transfer or fraudulent transfer under applicable lawconveyance.

Appears in 3 contracts

Samples: Indenture (Rexford Industrial Realty, Inc.), Indenture (Rexford Industrial Realty, Inc.), Indenture (Spotify Technology S.A.)

Limitation on Guarantor Liability. The Guarantor, and by its acceptance of the Notes, each Holder, hereby confirms that it is the intention of all such parties that the Parent Guarantee of the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the Parent Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantor hereby irrevocably agree that the obligations of the Guarantor shall will be limited to the such maximum amount as will, after giving effect to such maximum amount and all other contingent and fixed liabilities of the Guarantor that are relevant under such laws, and result in the obligations of the Guarantor under the its Parent Guarantee not constituting a fraudulent conveyance transfer or fraudulent transfer under applicable lawconveyance.

Appears in 2 contracts

Samples: Indenture (Sba Communications Corp), Indenture (Sba Communications Corp)

Limitation on Guarantor Liability. The Guarantor, and by its acceptance Each of the NotesGuarantors, each Holder, the Administrative Agent and the Lenders hereby confirms that it is the intention of all such parties that the Guarantee of the any Guarantor does not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the its Guarantee. To effectuate the foregoing intention, the TrusteeAdministrative Agent, the Holders Lenders and the Guarantor Guarantors hereby irrevocably agree that the obligations of the each Guarantor shall will be limited to the maximum amount as that will, after giving effect to such maximum amount and all other contingent and fixed liabilities of the such Guarantor that are relevant under such laws, result in the obligations of the such Guarantor under the its Guarantee not constituting a fraudulent conveyance transfer or fraudulent transfer under applicable lawconveyance.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Mercadolibre Inc), Revolving Credit Agreement (Mercadolibre Inc)

Limitation on Guarantor Liability. The Guarantor, and by its acceptance of the Notes, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantor hereby irrevocably agree that the obligations of the Guarantor shall be limited to the maximum amount as will, after giving effect to such maximum amount and all other contingent and fixed liabilities of the Guarantor that are relevant under such laws, result in the obligations of the Guarantor under the Note Guarantee not constituting a fraudulent conveyance transfer or fraudulent transfer under applicable lawconveyance.

Appears in 2 contracts

Samples: Indenture (Akoustis, Inc.), Indenture (Akoustis Technologies, Inc.)

Limitation on Guarantor Liability. The Guarantor, and by its acceptance of the Notesany series of Securities, each Holder, hereby confirms that it is the intention of all such parties that the Guarantee of the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal Federal or state law to the extent applicable to the Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantor hereby irrevocably agree that the obligations of the Guarantor shall be limited to the maximum amount as will, after giving effect to such maximum amount and all other contingent and fixed liabilities of the Guarantor that are relevant under such laws, result in the obligations of the Guarantor under the Guarantee not constituting a fraudulent conveyance transfer or fraudulent transfer under applicable lawconveyance.

Appears in 2 contracts

Samples: Indenture (Sabra Health Care REIT, Inc.), Indenture (Sabra Health Care Limited Partnership)

Limitation on Guarantor Liability. The GuarantorGuarantor is a Subsidiary of the Company and, and by its acceptance of the Noteshereof, each Holder, Holder hereby confirms that it is the intention of all such parties that the Guarantee of the by such 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 law to the extent applicable to the Guaranteelaw. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantor hereby irrevocably agree that the obligations of the such Guarantor under its Guarantee shall be limited to the maximum amount as willwhich, after giving effect to such maximum amount and all other contingent and fixed liabilities of the Guarantor that are relevant under such lawsGuarantor, will result in the obligations of the such Guarantor under the its Guarantee not constituting a fraudulent conveyance or such fraudulent transfer under applicable lawor conveyance.

Appears in 2 contracts

Samples: Indenture (AbitibiBowater Inc.), Indenture (Bowater Inc)

Limitation on Guarantor Liability. The Guarantor, and by its acceptance of the Notes, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantor hereby irrevocably agree that the obligations of the Guarantor shall be limited to the maximum amount as will, after giving effect to such maximum amount and all other contingent and fixed liabilities of the Guarantor that are relevant under such laws, result in the obligations of the Guarantor under the its Note Guarantee not constituting a fraudulent conveyance transfer or fraudulent transfer under applicable lawconveyance.

Appears in 1 contract

Samples: Indenture (Nexstar Finance Holdings LLC)

Limitation on Guarantor Liability. The Each Guarantor, and by its acceptance of the Notes, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of the such Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the any Note Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantor Guarantors hereby irrevocably agree that the obligations of the such Guarantor under its Note Guarantee shall be limited to the maximum amount as will, after giving effect to such maximum amount and all other contingent and fixed liabilities of the Guarantor extent necessary so that are relevant under such laws, result in the obligations of the Guarantor under the Guarantee they shall not constituting constitute a fraudulent conveyance transfer or fraudulent transfer under applicable lawconveyance.

Appears in 1 contract

Samples: Indenture (Stewart Enterprises Inc)

Limitation on Guarantor Liability. The Each Guarantor, and by its acceptance of the Notes, each Holder, hereby confirms that it is the intention of all such parties that the Note Guarantee of the such Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the Guaranteeany Note Guarantees. To effectuate the foregoing intention, the Trustee, the Holders and the each Guarantor hereby irrevocably agree that the obligations of the each Guarantor shall will be limited to the maximum amount as willthat shall, after giving effect to such maximum amount and all other contingent and fixed liabilities of the such Guarantor that are relevant under such laws, result in the obligations of the such Guarantor under the Note Guarantee not constituting a fraudulent conveyance transfer or fraudulent transfer under applicable lawconveyance.

Appears in 1 contract

Samples: Indenture (CyrusOne Inc.)

Limitation on Guarantor Liability. The Guarantor, and by its acceptance of the Notes, each Holder, hereby confirms that it is the intention of all such parties that the Guarantee of the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantor hereby irrevocably agree that the obligations of the Guarantor shall will be limited to the maximum amount as that will, after giving effect to such maximum amount and all other contingent and fixed liabilities of the Guarantor that are relevant under such laws, result in the obligations of the Guarantor under the Guarantee not constituting a fraudulent conveyance transfer or fraudulent transfer under applicable lawconveyance.

Appears in 1 contract

Samples: Indenture (Palomar Holdings, Inc.)

Limitation on Guarantor Liability. The Guarantor, and by its acceptance of the Notes, each Holder, hereby confirms that it is the intention of all such parties that the Guarantee of the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the any Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantor hereby irrevocably agree that the obligations of the Guarantor under its Guarantee and this Article Ten shall be limited to the maximum amount as will, after giving effect to such maximum amount and all other contingent and fixed liabilities of the Guarantor that are relevant under such laws, result in the obligations of the such Guarantor under the its Guarantee to not constituting constitute a fraudulent conveyance transfer or fraudulent transfer under applicable lawconveyance.

Appears in 1 contract

Samples: Indenture (American Color Graphics Inc)

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Limitation on Guarantor Liability. The Each Guarantor, and by its acceptance of the Notes, each HolderHolder thereof, hereby confirms that it is the intention of all such parties that the this Guarantee of the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Lawany bankruptcy law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law of any jurisdiction to the extent applicable to the this Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantor Guarantors hereby irrevocably agree that the obligations of the each Guarantor under this Guarantee shall be limited to the maximum amount as will, after giving effect to such maximum amount and all other contingent and fixed liabilities of the such Guarantor that are relevant under such laws, result in the obligations of the such Guarantor under the Guarantee not constituting a fraudulent conveyance transfer or fraudulent transfer under applicable lawconveyance.

Appears in 1 contract

Samples: Pik Facility Agreement (TPG Advisors IV, Inc.)

Limitation on Guarantor Liability. The Guarantor, and by its acceptance of the Notes, each Holder, hereby confirms that it is the intention of all such parties that the Guarantee of the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantor hereby irrevocably agree that the obligations of the Guarantor shall will be limited to the maximum amount as that will, after giving effect to such maximum amount and all other contingent and fixed liabilities of the Guarantor that are relevant under such laws, result in the obligations of the Guarantor under the its Guarantee not constituting a fraudulent conveyance transfer or fraudulent transfer under applicable lawconveyance.

Appears in 1 contract

Samples: Indenture (Pattern Energy Group Inc.)

Limitation on Guarantor Liability. The Guarantor, and and, by its acceptance of the Notesany Note, each Holder, hereby confirms that it is the intention of all such parties Guarantor and the Holders intend that the Guarantee of the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the Guarantee. To effectuate the foregoing intention, Each of the Trustee, the Holders and the Guarantor hereby irrevocably agree agrees that the obligations of the Guarantor shall under its Guarantee will be limited to the maximum amount as that will, after giving effect to such maximum amount and all other contingent and fixed liabilities of the Guarantor that are relevant under such laws, result in the obligations of the Guarantor under the its Guarantee not constituting a fraudulent conveyance transfer or fraudulent transfer under applicable law.conveyance. ​

Appears in 1 contract

Samples: Indenture (Inotiv, Inc.)

Limitation on Guarantor Liability. The Guarantor, and by its acceptance of any Note issued with the Notesbenefit of this Guarantee, each Holder, hereby confirms that it is the intention of all such parties that the this Guarantee of the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the this Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantor hereby irrevocably agree that the obligations of the Guarantor shall be limited to the maximum amount as will, after giving effect to such any maximum amount and all other contingent and fixed liabilities of the Guarantor that are relevant under such laws, result in the obligations of the Guarantor under the this Guarantee not constituting a fraudulent conveyance transfer or fraudulent transfer under applicable lawconveyance.

Appears in 1 contract

Samples: Indenture (Ventas, Inc.)

Limitation on Guarantor Liability. The Guarantor, and by its acceptance of the Notes, each Holder, hereby confirms that it is the intention of all such parties that the Guarantee of the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantor hereby irrevocably agree that the obligations of the Guarantor shall will be limited to the such maximum amount as will, after giving effect to such maximum amount and all other contingent and fixed liabilities of the Guarantor that are relevant under such laws, and result in the obligations of the Guarantor under the its Guarantee not constituting a fraudulent conveyance transfer or fraudulent transfer under applicable lawconveyance.

Appears in 1 contract

Samples: Indenture (Sba Communications Corp)

Limitation on Guarantor Liability. The Each Guarantor, and and, by its acceptance of the Notesany Note, each Holder, hereby confirms that it is such Guarantor and the intention of all Holders intend that such parties that the Guarantee of the such Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the such Guarantee. To effectuate the foregoing intention, Each of the Trustee, the Holders and the each Guarantor hereby irrevocably agree agrees that the obligations of the such Guarantor shall under its Guarantee will be limited to the maximum amount as that will, after giving effect to such maximum amount and all other contingent and fixed liabilities of the such Guarantor that are relevant under such laws, result in the obligations of the such Guarantor under the its Guarantee not constituting a fraudulent conveyance transfer or fraudulent transfer under applicable lawconveyance.

Appears in 1 contract

Samples: Indenture (SB/RH Holdings, LLC)

Limitation on Guarantor Liability. The Guarantor, Each Holder and by its acceptance of the Notes, each HolderTrustee, hereby confirms that it is the intention of all such parties that the Guarantee of the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the any Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantor hereby irrevocably agree that the obligations of the Guarantor shall be limited to the maximum amount as will, after giving effect to such maximum amount and all other contingent and fixed liabilities of the Guarantor that are relevant under such laws, laws and result in the obligations of the Guarantor under the its Guarantee not constituting a fraudulent conveyance transfer or fraudulent transfer under applicable lawconveyance.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Actavis PLC)

Limitation on Guarantor Liability. The Guarantor, and by its acceptance of the Notes, each Holder, hereby confirms that it is the intention of all such parties that the Guarantee of the Guarantor not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law to the extent applicable to the Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Guarantor hereby irrevocably agree that the obligations of the Guarantor shall be limited to the such maximum amount as will, after giving effect to such maximum amount and all other contingent and fixed liabilities of the Guarantor that are relevant under such laws, and result in the obligations of the Guarantor under the its Guarantee not constituting a fraudulent conveyance transfer or fraudulent transfer under applicable lawconveyance.

Appears in 1 contract

Samples: Indenture (Sba Communications Corp)

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