Common use of Limitation on Liability; Termination, Release and Discharge Clause in Contracts

Limitation on Liability; Termination, Release and Discharge. (a) Any term or provision of this Indenture to the contrary notwithstanding, the obligations of each Guarantor hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under its Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal, foreign, state or provincial law and not otherwise being void or voidable under any similar laws affecting the rights of creditors generally. (b) Any Note Guarantee of a Guarantor shall be automatically and unconditionally released and discharged (and the Collateral, if any, pledged by such Guarantors will be released) upon:

Appears in 2 contracts

Samples: Indenture (Carvana Co.), Indenture (Carvana Co.)

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Limitation on Liability; Termination, Release and Discharge. (a) Any term or provision of this Indenture to the contrary notwithstanding, the obligations of each Guarantor hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Note Guarantee or pursuant to its contribution obligations under this Indenture, result in not render the obligations of such Guarantor under its Note Guarantee not constituting subject to avoidance under applicable law as a fraudulent conveyance or conveyance, fraudulent transfer or unjust preference, including under federal, foreign, state or provincial law and not otherwise being void or voidable under any similar laws affecting the rights of creditors generally. (b) Any Note Guarantee of a Guarantor shall be automatically and unconditionally released and discharged (and the Collateral, if any, pledged by such Guarantors will be released) upondischarged:

Appears in 1 contract

Samples: Indenture (Restaurant Brands International Inc.)

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Limitation on Liability; Termination, Release and Discharge. (a) Any term or provision of this Indenture to the contrary notwithstanding, the obligations of each Guarantor hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under its Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under its Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal, foreign, state or provincial law and not otherwise being void or voidable under any similar laws affecting the rights of creditors generally. (b) Any Note Guarantee of a Guarantor shall be automatically and unconditionally released and discharged (and the Collateral, if any, pledged by such Guarantors will be released) upon:

Appears in 1 contract

Samples: Indenture (Macy's, Inc.)

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