Common use of Limitation on Guarantors’ Liability Clause in Contracts

Limitation on Guarantors’ Liability. Although this Guaranty covers all Obligations, Guarantor’s liability under this Guaranty for Borrower’s Obligations shall not exceed at any one time the sum of the following (the “Guarantied Liability Amount”): (a) One Hundred Thirty Million Dollars ($130,000,000.00) for Obligations representing principal (“Principal Amount”), (b) all interest, fees like charges owing and allocable to the Principal Amount as determined by Bank, and (c) without allocation in respect of the Principal Amount all costs, attorneys’ fees, and expenses of Agent and Banks relating to or arising out of the enforcement of the Obligations and all indemnity liabilities of Guarantor under this Guaranty. The foregoing limitation applies only to Guarantor’s liability under this particular Guaranty. Unless Banks otherwise agree in writing, every other guaranty of any Obligations previously, concurrently, or hereafter given to Banks by Guarantor is independent of this Guaranty and of every other such guaranty. Without notice to Guarantor, Banks may permit the Obligations to, exceed the Principal Amount and may apply or reapply any amounts received in respect of the Obligations from any source other than from Guarantor to that portion of the Obligations not included within the Guarantied Liability Amount.

Limitation on Guarantors’ Liability. Although this Guaranty covers all Obligations, Guarantor’s 's aggregate liability under this Guaranty for Borrower’s 's Obligations shall not exceed at any one time the sum of the following (the “"Guarantied Liability Amount”"): (a) One Hundred Thirty Ten Million Dollars ($130,000,000.0010,000,000) for Obligations representing principal and/or rent (“"Principal Amount”"), (b) all interest, fees like charges owing and allocable to the Principal Amount as determined by Bank, and (c) without allocation in respect of the Principal Amount all costs, attorneys’ ' fees, and expenses of Agent and Banks Bank relating to or arising out of the enforcement of the Obligations and all indemnity liabilities of Guarantor under this Guaranty. The foregoing limitation applies only to Guarantor’s 's liability under this particular Guaranty. Unless Banks Bank otherwise agree agrees in writing, every other guaranty of any Obligations previously, concurrently, or hereafter given to Banks Bank by Guarantor is independent of this Guaranty and of every other such guaranty. Without notice to Guarantor, Banks Bank may permit the Obligations to, to exceed the Principal Amount and may apply or reapply any amounts received in respect of the Obligations from any source other than from Guarantor to that portion of the Obligations not included within the Guarantied Liability Amount.

Limitation on Guarantors’ Liability. Although this Guaranty covers all Obligations, Guarantor’s 's liability under this Guaranty for Borrower’s 's Obligations shall not exceed at any one time the sum of the following (the “"Guarantied Liability Amount”"): (a) One Hundred Thirty Million Dollars FOUR MILLION FIVE HUNDRED THOUSAND AND NO/100 ($130,000,000.004,500,000.00) for Obligations representing principal and/or rent (“"Principal Amount”"), (b) all interest, fees like charges owing and allocable to the Principal Amount as determined by Bank, and (c) without allocation in respect of the Principal Amount all costs, attorneys’ ' fees, and expenses of Agent and Banks Bank relating to or arising out of the enforcement of the Obligations and all indemnity liabilities of Guarantor under this Guaranty. The foregoing limitation applies only to Guarantor’s 's liability under this particular Guaranty. Unless Banks Bank otherwise agree agrees in writing, every other guaranty of any Obligations previously, concurrently, or hereafter given to Banks Bank by Guarantor is independent of this Guaranty and of every other such guaranty. Without notice to Guarantor, Banks Bank may permit the Obligations to, to exceed the Principal Amount and may apply or reapply any amounts received in respect of the Obligations from any source other than from Guarantor to that portion of the Obligations not included within the Guarantied Liability Amount.

Limitation on Guarantors’ Liability. Although this Continuing Guaranty (this “Guaranty”) covers all Obligations, each Guarantor’s 's liability under this Guaranty for Borrower’s 's Obligations shall not exceed at any one time the sum of the following (the “"Guarantied Liability Amount”"): (a) One Hundred Thirty Million Dollars ($130,000,000.0030,000,000) for Obligations representing principal owing in connection with the Term Loan (“"Principal Amount”"), (b) all interest, fees and like charges owing and allocable to the Principal Amount as determined by Bank, (c) all amounts owing to Bank under any interest rate swap or similar agreement heretofore or hereafter entered into between Borrower and Bank relating to the Term Loan, and (cd) without allocation in respect of the Principal Amount all costs, reasonable attorneys’ ' fees, and expenses of Agent and Banks Bank relating to or arising out of the enforcement of the Obligations and all indemnity liabilities of each Guarantor under this Guaranty. The foregoing limitation applies only to Guarantor’s Guarantors’ liability under this particular Guaranty. Unless Banks Bank otherwise agree agrees in writing, every other guaranty of any Obligations previously, concurrently, or hereafter given to Banks Bank by any Guarantor is independent of this Guaranty and of every other such guaranty. Without notice to any Guarantor, Banks Bank may permit the Obligations to, to exceed the Principal Amount and may apply or reapply any amounts received in respect of the Obligations from any source other than from a Guarantor to that portion of the Obligations not included within the Guarantied Liability Amount.

Limitation on Guarantors’ Liability. Although Notwithstanding the provisions of Section 1 hereof or anything else to the contrary in this Guaranty covers all ObligationsGuaranty, Guarantor’s 's liability under this Guaranty for Borrower’s the Obligations shall not exceed at any one time the sum of the following (collectively, the “Guarantied "Guaranteed Liability Amount”"): (a) One Hundred Thirty Million Dollars the lesser of (i) ONE MILLION AND NO/100 DOLLARS ($130,000,000.001,000,000.00); or (ii) for fifty percent (50%) of all Obligations representing principal outstanding at the time of demand by Bank under this Guaranty (“the "Principal Amount”)") without reduction for any payments with respect to the Obligations received by Bank after such demand from any source other than a Guarantor hereunder including, without limitation, any payments from Borrower or any other guarantor of the Obligations or derived from any collateral securing the Obligations; (b) all interest, fees and like charges owing and allocable to the Principal Amount as reasonably determined by Bank, ; and (c) without allocation in respect of the Principal Amount Amount, all costs, attorneys’ fees, ' fees and expenses of Agent and Banks Bank relating to or arising out of the enforcement of the Obligations and all indemnity liabilities of Guarantor under this Guaranty; provided however, that Guarantors' liability for all costs, fees, expenses and indemnity liabilities specified in the preceding clause (c) shall terminate upon receipt by Bank from Guarantors of the full Guaranteed Liability Amount. The foregoing limitation applies only to Guarantor’s 's liability under this particular Guaranty. Unless Banks Bank otherwise agree agrees in writing, every other guaranty of any Obligations previously, concurrently, concurrently or hereafter given to Banks Bank by Guarantor is independent of this Guaranty and of every other such guaranty. Without notice to Guarantor, Banks may permit the Obligations to, exceed the Principal Amount and Bank may apply or reapply any amounts received in respect of the Obligations from any source other than from Guarantor to that portion of the Obligations not included within with the Guarantied Guaranteed Liability Amount.

Limitation on Guarantors’ Liability. Although this Guaranty covers all Obligations, Guarantor’s liability under this Guaranty for Borrower’s Obligations shall not exceed at any one time the sum of the following (the “Guarantied Liability Amount”): (a) One Hundred Thirty Forty Million and 00/100ths Dollars ($130,000,000.0040,000,000.00) for Obligations representing principal and/or rent (“Principal Amount”), (b) all interest, fees and like charges owing and allocable to the Principal Amount as determined by Bank, and (c) without allocation in respect of the Principal Amount Amount, all costs, attorneys’ fees, and expenses of Agent and Banks Bank relating to or arising out of the enforcement of the Obligations and all indemnity liabilities of Guarantor under this Guaranty. The foregoing limitation applies only to Guarantor’s liability under this particular Guaranty. Unless Banks Bank otherwise agree agrees in writing, every other guaranty of any Obligations previously, concurrently, or hereafter given to Banks Bank by Guarantor is independent of this Guaranty and of every other such guaranty. Without notice to Guarantor, Banks Bank may permit the Obligations to, to exceed the Principal Amount and may apply or reapply any amounts received in respect of the Obligations from any source other than from Guarantor to that portion of the Obligations not included within the Guarantied Liability Amount.