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 of the Parent Guarantor and the other Guarantors hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Parent Guarantor and the other Guarantors and after giving effect to any collections from or payments made by or on behalf of any other Parent Guarantor and the other Guarantors in respect of the obligations of such other Parent Guarantor or Guarantors under its Note Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Parent Guarantor or Guarantors under its Note Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal, foreign or state law and not otherwise being void or voidable under any similar laws affecting the rights of creditors generally.

Appears in 7 contracts

Samples: Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, 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 of the Parent Subsidiary Guarantor and the other Guarantors hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Parent Subsidiary Guarantor and (including, without limitation, any guarantees under the other Guarantors Senior Secured Credit Agreement) and after giving effect to any collections from or payments made by or on behalf of any other Parent Subsidiary Guarantor and the other Guarantors in respect of the obligations of such other Parent Subsidiary Guarantor or Guarantors under its Note Subsidiary Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Parent Subsidiary Guarantor or Guarantors under its Note Subsidiary Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal, foreign federal or state law and not otherwise being void or voidable under any similar laws affecting the rights of creditors generally.

Appears in 7 contracts

Samples: Indenture (Alta Mesa Holdings, LP), Indenture (Alta Mesa Energy LLC), Credit Agreement (Cornell Companies Inc)

Limitation on Liability; Termination, Release and Discharge. (a) Any term or provision of this Indenture to the contrary notwithstanding, the obligations of each of the Parent Subsidiary Guarantor and the other Guarantors hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Parent Subsidiary Guarantor and (including, without limitation, any guarantees under the other Guarantors Senior Credit Facility) and after giving effect to any collections from or payments made by or on behalf of any other Parent Subsidiary Guarantor and the other Guarantors in respect of the obligations of such other Parent Subsidiary Guarantor or Guarantors under its Note Subsidiary Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Parent Subsidiary Guarantor or Guarantors under its Note Subsidiary Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal, foreign federal or state law and not otherwise being void or voidable under any similar laws affecting the rights of creditors generally.

Appears in 4 contracts

Samples: License Agreement (Colt Finance Corp.), Indenture (J.M. Tull Metals Company, Inc.), Indenture (Community Health Systems Inc)

Limitation on Liability; Termination, Release and Discharge. (a) Any term or provision of this Indenture to the contrary notwithstanding, the obligations of each of the Parent Subsidiary Guarantor and the other Guarantors hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Parent Subsidiary Guarantor and (including, without limitation, any guarantees under the other Guarantors Working Capital Facility) and after giving effect to any collections from or payments made by or on behalf of any other Parent Subsidiary Guarantor and the other Guarantors in respect of the obligations of such other Parent Subsidiary Guarantor or Guarantors under its Note Subsidiary Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Parent Subsidiary Guarantor or Guarantors under its Note Subsidiary Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal, foreign federal or state law and not otherwise being void or voidable under any similar laws affecting the rights of creditors generally.

Appears in 3 contracts

Samples: Indenture (Cellu Tissue Holdings, Inc.), Indenture (Coastal Paper CO), Indenture (Cellu Tissue - CityForest LLC)

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

Appears in 2 contracts

Samples: Indenture (Atento S.A.), Indenture (Atento S.A.)

Limitation on Liability; Termination, Release and Discharge. (a) Any term or provision of this Indenture to the contrary notwithstanding, the obligations of each of the Parent Subsidiary Guarantor and the other Guarantors hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Parent Subsidiary Guarantor and (including, without limitation, any guarantees under the other Guarantors Amended Credit Facility) and after giving effect to any collections from or payments made by or on behalf of any other Parent Subsidiary Guarantor and the other Guarantors in respect of the obligations of such other Parent Subsidiary Guarantor or Guarantors under its Note Subsidiary Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Parent Subsidiary Guarantor or Guarantors under its Note Subsidiary Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal, foreign federal or state law and not otherwise being void or voidable under any similar laws affecting the rights of creditors generally.

Appears in 1 contract

Samples: Argo Tech Corp

Limitation on Liability; Termination, Release and Discharge. (a) Any term or provision of this Indenture to the contrary notwithstanding, the obligations of each of the Parent Subsidiary Guarantor and the other Guarantors hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Parent Subsidiary Guarantor and (including, without limitation, any guarantees under the other Guarantors Revolving Credit Facility) and after giving effect to any collections from or payments made by or on behalf of any other Parent Subsidiary Guarantor and the other Guarantors in respect of the obligations of such other Parent Subsidiary Guarantor or Guarantors under its Note Subsidiary Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Parent Subsidiary Guarantor or Guarantors under its Note Subsidiary Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal, foreign federal or state law and not otherwise being void or voidable under any similar laws affecting the rights of creditors generally.

Appears in 1 contract

Samples: Indenture (Prospect Medical Holdings Inc)

Limitation on Liability; Termination, Release and Discharge. (a) Any term or provision of this Indenture to the contrary notwithstanding, the obligations of each of the Parent Subsidiary Guarantor and the other Guarantors hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Parent Subsidiary Guarantor and (including, without limitation, any guarantees under the other Guarantors Credit Facility) and after giving effect to any collections from or payments made by or on behalf of any other Parent Subsidiary Guarantor and the other Guarantors in respect of the obligations of such other Parent Subsidiary Guarantor or Guarantors under its Note Securities Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Parent Subsidiary Guarantor or Guarantors under its Note Securities Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal, foreign federal or state law and not otherwise being void or voidable under any similar laws affecting the rights of creditors generally.

Appears in 1 contract

Samples: Indenture (Eye Care Centers of America 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 of the Parent Securities Guarantor and the other Guarantors hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Parent Securities Guarantor and (including, without limitation, any guarantees under the other Guarantors Senior Secured Credit Agreement) and after giving effect to any collections from or payments made by or on behalf of any other Parent Securities Guarantor and the other Guarantors in respect of the obligations of such other Parent Securities Guarantor or Guarantors under its Note Securities Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Parent Securities Guarantor or Guarantors under its Note Securities Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal, foreign federal or state law and not otherwise being void or voidable under any similar laws affecting the rights of creditors generally.

Appears in 1 contract

Samples: Indenture (VI Acquisition Corp)

Limitation on Liability; Termination, Release and Discharge. (a) Any term or provision of this Indenture Guaranty to the contrary notwithstanding, the obligations of each of the Parent Subsidiary Guarantor and the other Guarantors hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Parent Subsidiary Guarantor and (including any Guarantees under the other Guarantors Credit Facilities) and after giving effect to any collections from or payments made by or on behalf of any other Parent Subsidiary Guarantor and the other Guarantors in respect of the obligations Obligations of such other Parent Subsidiary Guarantor or Guarantors under its Note Subsidiary Guarantee or pursuant to its contribution obligations Obligations under this IndentureGuaranty, result in the obligations Obligations of such Parent Subsidiary Guarantor or Guarantors under its Note Subsidiary Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal, foreign Federal or state law and not otherwise being void or voidable under any similar laws affecting the rights of creditors generally.

Appears in 1 contract

Samples: Guaranty Agreement (CONSOL Energy Inc.)

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

Appears in 1 contract

Samples: American Capital, LTD

Limitation on Liability; Termination, Release and Discharge. (a) Any term or provision of this Indenture to the contrary notwithstanding, the obligations of each of the Parent Subsidiary Guarantor and the other Guarantors hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Parent Subsidiary Guarantor and the other Guarantors (including, without limitation, any guarantees under all Debt Facilities) and after giving effect to any collections from or payments made by or on behalf of any other Parent Subsidiary Guarantor and the other Guarantors in respect of the obligations of such other Parent Subsidiary Guarantor or Guarantors under its Note Subsidiary Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Parent Subsidiary Guarantor or Guarantors under its Note Subsidiary Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal, foreign federal or state law and not otherwise being void or voidable under any similar laws affecting the rights of creditors generally.

Appears in 1 contract

Samples: Corporate Execution and Notary Acknowledgment (Smithfield Foods Inc)

Limitation on Liability; Termination, Release and Discharge. (a) Any term or provision of this Indenture to the contrary notwithstanding, the obligations of each of the Parent Subsidiary Guarantor and the other Guarantors hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Parent Subsidiary Guarantor and (including, without limitation, any guarantees under the other Guarantors Senior Credit Agreement) and after giving effect to any collections from or payments made by or on behalf of any other Parent Subsidiary Guarantor and the other Guarantors in respect of the obligations of such other Parent Subsidiary Guarantor or Guarantors under its Note Subsidiary Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Parent Subsidiary Guarantor or Guarantors under its Note Subsidiary Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal, foreign federal or state law and not otherwise being void or voidable under any similar laws affecting the rights of creditors generally.

Appears in 1 contract

Samples: Indenture (General Maritime Corp / MI)

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