Common use of Limitation on Obligations Guaranteed Clause in Contracts

Limitation on Obligations Guaranteed. (a) Notwithstanding any other provision hereof, the right of recovery against the Guarantor under Article II hereof shall be limited to the maximum amount that can be guaranteed by the Guarantor without rendering the Guarantor’s obligations under Article II hereof void or voidable under applicable law, including, without limitation, the Uniform Fraudulent Conveyance Act (“UFCA”), Uniform Fraudulent Transfer Act (“UFTA”) or any similar foreign, federal or state law, in each case after giving full effect to the liability under such guarantee set forth in Article II hereof and its related contribution rights but before taking into account any liabilities under any other guarantee by the Guarantor. For purposes of the foregoing, all guarantees of the Guarantor other than the guarantee under Article II hereof will be deemed to be enforceable and payable after the guaranty under Article II hereof. To the fullest extent permitted by applicable law, this Section 2.07 shall be for the benefit solely of creditors and representatives of creditors of the Guarantor and not for the benefit of the Guarantor or the holders of any Equity Interest in the Guarantor. (b) The Guarantor agrees that Obligations may at any time and from time to time be incurred or permitted in an amount exceeding the maximum liability of the Guarantor under Section 2.07(a) without impairing the guarantee contained in this Article II or affecting the rights and remedies of the Agent or any other Person hereunder.

Limitation on Obligations Guaranteed. (a) Notwithstanding any other provision hereof, the right of recovery against the each Guarantor under Article II Section 2 hereof shall be limited to the maximum amount that can be guaranteed by the such Guarantor without rendering the such Guarantor’s obligations under Article II Section 2 hereof void or voidable under applicable law, including, without limitation, the Uniform Fraudulent Conveyance Act (“UFCA”)Act, Uniform Fraudulent Transfer Act (“UFTA”) or any similar foreign, federal or state law, in each case after giving full effect to the liability under such guarantee set forth in Article II Section 2 hereof and its related contribution rights but before taking into account any liabilities under any other guarantee by the such Guarantor. For purposes of the foregoing, all guarantees of the such Guarantor other than the guarantee under Article II Section 2 hereof will be deemed to be subordinated to and only enforceable and payable after the guaranty under Article II Section 2 hereof. To the fullest extent permitted by applicable law, this Section 2.07 2.2(a) shall be for the benefit solely of creditors and representatives of creditors of the each Guarantor and not for the benefit of the such Guarantor or the holders of any Equity Interest in the such Guarantor. (b) The Each Guarantor agrees that Guaranteed Obligations may at any time and from time to time be incurred or permitted in an amount exceeding the maximum liability of the such Guarantor under Section 2.07(a2.2(a) without impairing the guarantee contained in this Article II Section 2 or affecting the rights and remedies of the Agent or any other Person Lender hereunder. (c) Without limiting the generality of the foregoing, the Guarantors’ aggregate liability under and in connection with this Guaranty shall be limited to a maximum amount of the US Dollar equivalent of Euro 14,361,000 in total.

Limitation on Obligations Guaranteed. (a) Notwithstanding any other provision hereof, the right of recovery against the Guarantor Company under this Article II hereof IX shall be limited to the maximum amount that can be guaranteed by the Guarantor Company without rendering the Guarantorsuch Company’s obligations under this Article II hereof IX void or voidable under applicable law, including, without limitation, the Uniform Fraudulent Conveyance Act (“UFCA”)Act, Uniform Fraudulent Transfer Act (“UFTA”) or any similar foreign, federal or state law, in each case after giving full effect to the liability under such guarantee set forth in this Article II hereof IX and its related contribution rights but before taking into account any liabilities under any other guarantee by the GuarantorCompany. For purposes of the foregoing, all guarantees of the Guarantor Company other than the guarantee under this Article II hereof IX will be deemed to be enforceable and payable after the guaranty under this Article II hereofIX. To the fullest extent permitted by applicable law, this Section 2.07 9.12(a) shall be for the benefit solely of creditors and representatives of creditors of the Guarantor Company and not for the benefit of the Guarantor Company or the holders of any Equity Interest in the GuarantorCompany. (b) The Guarantor Company agrees that Guaranteed Obligations may at any time and from time to time be incurred or permitted in an amount exceeding the maximum liability of the Guarantor Company under Section 2.07(a9.12(a) without impairing the guarantee contained in this Article II IX or affecting the rights and remedies of the Agent or any other Person and each Lender hereunder.. [Signature Pages Follow]

Limitation on Obligations Guaranteed. (a) Notwithstanding any other provision hereof, the right of recovery against the each Guarantor under Article II Section 2 hereof shall be limited to the maximum amount that can be guaranteed by the such Guarantor without rendering the such Guarantor’s obligations under Article II Section 2 hereof void or voidable under applicable law, including, without limitation, the Uniform Fraudulent Conveyance Act (“UFCA”)Act, Uniform Fraudulent Transfer Act (“UFTA”) or any similar foreign, federal or state law, in each case after giving full effect to the liability under such guarantee set forth in Article II Section 2 hereof and its related contribution rights but before taking into account any liabilities under any other guarantee by the such Guarantor. For purposes of the foregoing, all guarantees of the such Guarantor other than the guarantee under Article II Section 2 hereof will be deemed to be enforceable and payable after the guaranty under Article II Section 2 hereof. To the fullest extent permitted by applicable law, this Section 2.07 2.2(a) shall be for the benefit solely of creditors and representatives of creditors of the each Guarantor and not for the benefit of the such Guarantor or the holders of any Equity Interest in the such Guarantor. (ba) The Each Guarantor agrees that Obligations may at any time and from time to time be incurred or permitted in an amount exceeding the maximum liability of the such Guarantor under Section 2.07(a2.2(a) without impairing the guarantee contained in this Article II Section 2 or affecting the rights and remedies of the Agent or any other Person Guaranteed Party hereunder.