Common use of Limitation on Note Guarantor Liability Clause in Contracts

Limitation on Note Guarantor Liability. Each Note Guarantor confirms, and by its acceptance of Notes, each Holder hereby confirms, that it is the intention of all such parties that any Guarantee of such Note 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 applicable law to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee and the Holders irrevocably agree, and the Note Guarantors irrevocably agree, that the obligations of such Note Guarantor under this Article 10 shall be limited to the maximum amount as will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Note Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Note Guarantor in respect of the obligations of such other Note Guarantor under this Article 10, result in the obligations of such Note Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 5 contracts

Samples: Indenture (Bausch Health Companies Inc.), Indenture (Bausch Health Companies Inc.), Indenture (Bausch Health Companies Inc.)

AutoNDA by SimpleDocs

Limitation on Note Guarantor Liability. Each Note Guarantor confirmsGuarantor, and by its acceptance of Notes, each Holder Holder, hereby confirms, confirms that it is the intention of all such parties that any the Note Guarantee of such Note 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 applicable foreign, federal or state law to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee and Trustee, the Holders irrevocably agree, and the Note Guarantors hereby irrevocably agree, agree that the obligations of such Note Guarantor under this Article 10 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 such Note Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Note Guarantor in respect of the obligations of such other Note Guarantor under this Article 1011, result in the obligations of such Note Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Indenture (Global Crossing LTD)

AutoNDA by SimpleDocs

Limitation on Note Guarantor Liability. Each Note Guarantor confirmsGuarantor, and by its acceptance of Notes, each Holder Holder, hereby confirms, confirms that it is the intention of all such parties that any the Note Guarantee of such Note 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 applicable federal or state law to the extent applicable to any Note Guarantee. To effectuate the foregoing intention, the Trustee and Trustee, the Holders irrevocably agree, and the Note Guarantors hereby irrevocably agree, agree that the obligations of such Note Guarantor under this Article 10 shall be limited to the maximum amount as will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Note Guarantor that are relevant under such laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Note Guarantor in respect of the obligations of such other Note Guarantor under this Article 1011, result in the obligations of such Note Guarantor under its Note Guarantee not constituting a fraudulent transfer or conveyance.

Appears in 1 contract

Samples: Indenture (World Almanac Education Group Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!