Limitation on Liability; Termination, Release and Discharge. (a) 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 (including, but not limited to, Senior Debt of a 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 Subsidiary Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under its Subsidiary Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal or state law.
Appears in 6 contracts
Samples: Indenture (Venoco, Inc.), Indenture (Venoco, Inc.), Supplemental Indenture (Venoco, Inc.)
Limitation on Liability; Termination, Release and Discharge. (a) 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 (including, but not limited to, Senior Debt of a 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 Subsidiary Note Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under its Subsidiary Note Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal or state law.
Appears in 3 contracts
Samples: Indenture (Mariner Energy Inc), Mariner Energy Resources, Inc., Mariner Energy Inc
Limitation on Liability; Termination, Release and Discharge. (a) 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 (including, but not limited towithout limitation, Senior Debt of a Guarantorany guarantees under the Bank Credit Agreement) 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 Subsidiary Guarantee or pursuant to its contribution obligations under this First Supplemental Indenture, result in the obligations of such Guarantor under its Subsidiary Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal or state law.
Appears in 2 contracts
Samples: Indenture (Choice Hotels International Inc /De), Indenture (Choice Hotels International Services Corp.)
Limitation on Liability; Termination, Release and Discharge. (a) 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 (including, but not limited towithout limitation, Senior Debt of a Guarantorany guarantees under the Bank Credit Agreement and the Existing Notes) 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 Subsidiary Guarantee or pursuant to its contribution obligations under this Second Supplemental Indenture, result in the obligations of such Guarantor under its Subsidiary Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal or state law.
Appears in 1 contract
Limitation on Liability; Termination, Release and Discharge. (a) The obligations of each the Subsidiary Guarantor hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such the Subsidiary Guarantor (including, but not limited towithout limitation, Senior Debt of a Guarantorany guarantees under the Revolving Credit Facility) and after giving effect to any collections from or payments made by or on behalf of any other Subsidiary Guarantor in respect of the obligations of such other Subsidiary Guarantor under its Subsidiary Guarantee or pursuant to its contribution obligations under this IndentureIndenture or as set forth below, result in the obligations of such the Subsidiary Guarantor under its Subsidiary this Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal or state law.
Appears in 1 contract
Samples: Big City Radio Inc
Limitation on Liability; Termination, Release and Discharge. (a) The obligations of each Guarantor (if any) hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Guarantor (including, but not limited to, Senior Debt of a 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 Subsidiary Note Guarantee or pursuant to its contribution obligations under this Indenture, result in the obligations of such Guarantor under its Subsidiary Note Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal or state law.
Appears in 1 contract
Samples: Indenture (DENVER PARENT Corp)
Limitation on Liability; Termination, Release and Discharge. (a) The obligations of each the Guarantor hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such the Guarantor (including, but not limited towithout limitation, Senior Debt of a Guarantorany guarantees under the Credit Agreement) and after giving effect to any collections from or payments made by or on behalf of any other Subsidiary Guarantor in respect of the obligations of such other Subsidiary Guarantor under its Subsidiary Guarantee or pursuant to its contribution obligations under this Indenturethe Indenture or as set forth below, result in the obligations of such the Guarantor under its Subsidiary this Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal or state law.
Appears in 1 contract
Samples: Indenture (Mq Associates Inc)
Limitation on Liability; Termination, Release and Discharge. (a) The obligations of each the Guarantor hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such the Guarantor (including, but not limited towithout limitation, Senior Debt of a Guarantorany guarantees under the Credit Agreement) and after giving effect to any collections from or payments made by or on behalf of any other Subsidiary Guarantor in respect of the obligations of such other Subsidiary Guarantor under its Subsidiary Guarantee or pursuant to its contribution obligations under this Indenturethe Indenture or as set forth below, result in the obligations of such the Guarantor under its Subsidiary this Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal or state law.. A Subsidiary Guarantee of a Subsidiary Guarantor will be automatically released upon:
Appears in 1 contract
Samples: NBC Acquisition Corp
Limitation on Liability; Termination, Release and Discharge. (a) The obligations of each Additional Guarantor hereunder will shall be limited to the maximum amount as willshall, after giving effect to all other contingent and fixed liabilities of such Additional Guarantor (including, but not limited to, Senior Debt of a Guarantor) and after giving effect to any collections from or payments made by or on behalf of any other Additional Guarantor in respect of the obligations of such other Additional Guarantor under its Subsidiary Additional Guarantee or pursuant to its contribution obligations under this Supplemental Indenture, result in the obligations of such Additional Guarantor under its Subsidiary Additional Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal or state law.
Appears in 1 contract
Samples: Third Supplemental Indenture (Southwestern Energy Co)
Limitation on Liability; Termination, Release and Discharge. (a) 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 (including, but not limited to, Senior Debt of a 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 Subsidiary Note Guarantee or pursuant to its contribution obligations under the Indenture (including this Supplemental Indenture), result in the obligations of such Guarantor under its Subsidiary Note Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal or state law.
Appears in 1 contract
Limitation on Liability; Termination, Release and Discharge. (a) The obligations of each the Guarantor hereunder will be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such the Guarantor (including, but not limited towithout limitation, Senior Debt of a Guarantorany guarantees under the Revolving Credit Facility) and after giving effect to any collections from or payments made by or on behalf of any other Subsidiary Guarantor in respect of the obligations of such other Subsidiary Guarantor under its Subsidiary Guarantee or pursuant to its contribution obligations under this Indenturethe Indenture or as set forth below, result in the obligations of such the Subsidiary Guarantor under its Subsidiary this Guarantee not constituting a fraudulent conveyance or fraudulent transfer under federal or state law.
Appears in 1 contract
Samples: Big City Radio Inc