Common use of Limitation on Obligations Clause in Contracts

Limitation on Obligations. The provisions of this Guaranty are severable, and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of Guarantor under this Guaranty would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of Guarantor’s liability under this Guaranty, then, notwithstanding any other provision of this Guaranty to the contrary, the amount of such liability shall, without any further action by Guarantor or Lender, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being Guarantor’s “Maximum Liability”). This Section 9 with respect to the Maximum Liability of Guarantor is intended solely to preserve the rights of Lender hereunder to the maximum extent not subject to avoidance under applicable law, and neither Guarantor nor any other person or entity shall have any right or claim under this Section 9 with respect to the Maximum Liability, except to the extent necessary so that the obligations of Guarantor hereunder shall not be rendered voidable under applicable law.

Limitation on Obligations. The provisions of this Guaranty are severable, and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of the Guarantor under this Guaranty would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of the Guarantor’s liability under this Guaranty, then, notwithstanding any other provision of this Guaranty to the contrary, the amount of such liability shall, without any further action by the Guarantor or Lenderany Guaranteed Party, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being the Guarantor’s “Maximum Liability”). This Section 9 11 with respect to the Maximum Liability of the Guarantor is intended solely to preserve the rights of Lender the Guaranteed Parties hereunder to the maximum extent not subject to avoidance under applicable law, and neither the Guarantor nor any other person or entity shall have any right or claim under this Section 9 11 with respect to the Maximum Liability, except to the extent necessary so that the obligations of the Guarantor hereunder shall not be rendered voidable under applicable law. The Guarantor agrees that the Obligations may at any time and from time to time exceed the Maximum Liability of the Guarantor without impairing this Guaranty or affecting the rights and remedies of the Guaranteed Parties hereunder.

Limitation on Obligations. The provisions (a) It is the intention of this Guaranty are severable, the Guarantor and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if Lessor that the obligations of the Guarantor under this Guaranty would otherwise hereunder shall be held or determined to be avoidablein, invalid or unenforceable on account but not in excess of, as of the amount of Guarantor’s liability under this Guaranty, then, notwithstanding any other provision of this Guaranty to the contrarydate, the maximum amount of such liability shall, without any further action by Guarantor or Lender, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being the Guarantor’s “Maximum Liability”) not subject to avoidance under Title II of the United States Code, as same may be amended from time to time, or any applicable state law (collectively, the “Bankruptcy Code”). This Section 9 To that end, (a) with respect to the Maximum Liability of the ·Guarantor is intended solely to preserve the rights of Lender the Lessor hereunder to the maximum extent not subject to avoidance under applicable lawthe Bankruptcy Code, and neither any Guarantor nor any other person or entity shall have any right or claim under this Section 9 10(a) with respect to the Maximum Liability, except to the extent necessary so that the obligations of such Guarantor hereunder shall not be rendered voidable under applicable lawthe Bankruptcy Code. (b) The Guarantor agrees that the Guaranteed Obligations may at any time and from time to time exceed the Maximum Liability of the Guarantor without impairing this Guaranty or affecting the rights and remedies of the Lessor hereunder. Nothing in this Section 10(b) shall be construed to increase the Guarantor’s obligations hereunder beyond its Maximum Liability.

Limitation on Obligations. The provisions (a) It is the intention of this Guaranty are severable, the Guarantor and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if City that the obligations of the Guarantor under this Guaranty would otherwise hereunder shall be held or determined to be avoidablein, invalid or unenforceable on account but not in excess of, as of the amount of Guarantor’s liability under this Guaranty, then, notwithstanding any other provision of this Guaranty to the contrarydate, the maximum amount of such liability shall, without any further action by Guarantor or Lender, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being the Guarantor’s “Maximum Liability”) not subject to avoidance under Title II of the United States Code, as same may be amended from time to time, or any applicable state law (collectively, the “Bankruptcy Code”). This Section 9 To that end, but as to the Maximum Liability of the Guarantor, only to the extent such obligations would otherwise be subject to avoidance under the Bankruptcy Code if the Guarantor is not deemed to have received valuable consideration, fair value or reasonably equivalent (a) with respect to the Maximum Liability of the ·Guarantor is intended solely to preserve the rights of Lender the City hereunder to the maximum extent not subject to avoidance under applicable lawthe Bankruptcy Code, and neither any Guarantor nor any other person or entity shall have any right or claim under this Section 9 10(a) with respect to the Maximum Liability, except to the extent necessary so that the obligations of such Guarantor hereunder shall not be rendered voidable under applicable lawthe Bankruptcy Code. (b) The Guarantor agrees that the Guaranteed Obligations may at any time and from time to time exceed the Maximum Liability of the Guarantor without impairing this Guaranty or affecting the rights and remedies of the City hereunder. Nothing in this Section 10(b) shall be construed to increase the Guarantor’s obligations hereunder beyond its Maximum Liability.

Limitation on Obligations. The provisions of this Guaranty are severable, and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Guarantor under this Guaranty would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of such Guarantor’s liability under this Guaranty, then, notwithstanding any other provision of this Guaranty to the contrary, the amount of such liability shall, without any further action by Guarantor the Guarantors, the Administrative Agent, any Lender or Lenderany Lender Party, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being the relevant Guarantor’s “Maximum Liability”). This Section 9 4.1 with respect to the Maximum Liability of Guarantor the Guarantors is intended solely to preserve the rights of the Administrative Agent, the Lenders and the Lender Parties hereunder to the maximum extent not subject to avoidance under applicable law, and neither no Guarantor nor any other person or entity shall have any right or claim under this Section 9 4.1 with respect to the Maximum Liability, except to the extent necessary so that the obligations of each Guarantor hereunder shall not be rendered voidable under applicable law.

Limitation on Obligations. (a) The provisions of this Guaranty are severable, and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of the Guarantor under this Guaranty would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of the Guarantor’s liability under this Guaranty, then, notwithstanding any other provision of this Guaranty to the contrary, the amount of such liability shall, without any further action by the Guarantor or the Lender, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being the Guarantor’s “Maximum Liability”). This Section 9 9 (a) with respect to the Maximum Liability of the Guarantor is intended solely to preserve the rights of the Lender hereunder to the maximum extent not subject to avoidance under applicable law, and neither the Guarantor nor any other person or entity shall have any right or claim under this Section 9 9(a) with respect to the Maximum Liability, except to the extent necessary so that the obligations of the Guarantor hereunder shall not be rendered voidable under applicable law. (b) The Guarantor agrees that the Guaranteed Obligations may at any time and from time to time exceed the Maximum Liability of the Guarantor without impairing this Guaranty or affecting the rights and remedies of the Lender hereunder. Nothing in this Section 9(b) shall be construed to increase the Guarantor’s obligations hereunder beyond its Maximum Liability.

Limitation on Obligations. The provisions of this Guaranty are severable, and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of the Guarantor under this Guaranty would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of the Guarantor’s liability under this Guaranty, then, notwithstanding any other provision of this Guaranty to the contrary, the amount of such liability shall, without any further action by the Guarantor or Lenderany Guaranteed Party, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being the Guarantor’s “Maximum Liability”). This Section 9 10 with respect to the Maximum Liability of the Guarantor is intended solely to preserve the rights of Lender the Guaranteed Parties hereunder to the maximum extent not subject to avoidance under applicable law, and neither the Guarantor nor any other person or entity shall have any right or claim under this Section 9 10 with respect to the Maximum Liability, except to the extent necessary so that the obligations of the Guarantor hereunder shall not be rendered voidable under applicable law.

Limitation on Obligations. The provisions (a) It is the intention of this Guaranty are severablethe Guarantor and the Bank that the obligations of the Guarantor hereunder shall be in, and but not in excess of, as of any action or proceeding involving any state corporate lawdate, the maximum amount (such amount being the Guarantor's "Maximum Liability") not subject to avoidance under Title 11 of the United States Code, as same may be amended from time to time, or any stateapplicable state law (collectively, federal or foreign bankruptcythe "Bankruptcy Code"). To that end, insolvencybut as to the Maximum Liability of the Guarantor, reorganization or other law affecting only to the rights of creditors generally, if the extent such obligations of Guarantor under this Guaranty would otherwise be held or determined subject to be avoidable, invalid or unenforceable on account of avoidance under the amount of Guarantor’s liability under this Guaranty, then, notwithstanding any other provision of this Guaranty Bankruptcy Code if the Guarantor is not deemed to the contrary, the amount of such liability shall, without any further action by Guarantor or Lender, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding have received valuable consideration, (such highest amount determined hereunder being Guarantor’s “Maximum Liability”). This Section 9 a) with respect to the Maximum Liability of the Guarantor is intended solely to preserve the rights of Lender the Bank hereunder to the maximum extent not subject to avoidance under applicable lawthe Bankruptcy Code, and neither any Guarantor nor any other person or entity shall have any right or claim under this Section 9 9(a) with respect to the Maximum Liability, except to the extent necessary so that the obligations of such Guarantor hereunder shall not be rendered voidable under applicable lawthe Bankruptcy Code. (b) The Guarantor agrees that the Guaranteed Obligations may at any time and from time to time exceed the Maximum Liability of the Guarantor without impairing this Guaranty or affecting the rights and remedies of the Bank hereunder. Nothing in this Section 9(b) shall be construed to increase the Guarantor's obligations hereunder beyond its Maximum Liability.

Limitation on Obligations. a) The provisions of this Guaranty are severable, and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of any Guarantor under this Guaranty would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of such Guarantor’s liability under this Guaranty, then, notwithstanding any other provision of this Guaranty to the contrary, the amount of such liability shall, without any further action by Guarantor the Guarantors or Lenderany Guaranteed Party, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being the relevant Guarantor’s “Maximum Liability”). This Section 9 8 with respect to the Maximum Liability of Guarantor the Guarantors is intended solely to preserve the rights of Lender the Guaranteed Parties hereunder to the maximum extent not subject to avoidance under applicable law, and neither any Guarantor nor any other person or entity Person shall have any right or claim under this Section 9 8 with respect to the Maximum Liability, except to the extent necessary so that the obligations of each Guarantor hereunder shall not be rendered voidable under applicable law.

Limitation on Obligations. (a) The provisions of this Guaranty are severable, and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of Guarantor under this Guaranty would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of Guarantor’s liability under this Guaranty, then, notwithstanding any other provision of this Guaranty to the contrary, the amount of such liability shall, without any further action by Guarantor or Lender, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being Guarantor’s “Maximum Liability”). This Section 9 9 (a) with respect to the Maximum Liability of Guarantor is intended solely to preserve the rights of Lender hereunder to the maximum extent not subject to avoidance under applicable law, and neither Guarantor nor any other person or entity shall have any right or claim under this Section 9 9(a) with respect to the Maximum Liability, except to the extent necessary so that the obligations of Guarantor hereunder shall not be rendered voidable under applicable law. (b) Guarantor agrees that the Guaranteed Obligations may at any time and from time to time exceed the Maximum Liability of Guarantor, without impairing this Guaranty or affecting the rights and remedies of Lender hereunder.

Limitation on Obligations. (i) The provisions of this Guaranty guaranty are severable, and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of Guarantor the Company under this Guaranty guaranty would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of Guarantorthe Company’s liability under this Guarantyguaranty, then, notwithstanding any other provision of this Guaranty guaranty to the contrary, the amount of such liability shall, without any further action by Guarantor the Company, the Administrative Agent or any Lender, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being Guarantorthe Company’s “Maximum Liability”). This Section 9 10.05 with respect to the Maximum Liability of Guarantor the Company is intended solely to preserve the rights of Lender the Administrative Agent of the Lenders hereunder to the maximum extent not subject to avoidance under applicable law, and neither Guarantor the Company nor any other person or entity shall have any right or claim under this Section 9 10.05 with respect to the Maximum Liability, except to the extent necessary so that the obligations of Guarantor the Company hereunder shall not be rendered voidable under applicable law. (ii) The Company agrees that the Guaranteed Obligations may at any time and from time to time exceed the Maximum Liability of the Company without impairing this guaranty or affecting the rights and remedies of the Administrative Agent and the Lenders hereunder. Nothing in this Section 10.05(b) shall be construed to increase the Company’s obligations hereunder beyond its Maximum Liability.

Limitation on Obligations. (a) The provisions of this Guaranty are severable, and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of the Guarantor under this Guaranty would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of the Guarantor’s 's liability under this Guaranty, then, notwithstanding any other provision of this Guaranty to the contrary, the amount of such liability shall, without any further action by Guarantor the Guarantor, the Administrative Agent or any Lender, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being the relevant Guarantor’s 's “Maximum Liability”). This Section 9 9 (a) with respect to the Maximum Liability of the Guarantor is intended solely to preserve the rights of Lender the Administrative Agent hereunder to the maximum extent not subject to avoidance under applicable law, and neither the Guarantor nor any other person or entity shall have any right or claim under this Section 9 9(a) with respect to the Maximum Liability, except to the extent necessary so that the obligations of the Guarantor hereunder shall not be rendered voidable under applicable law.

Limitation on Obligations. (a) The provisions of this Guaranty are severable, and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of the Guarantor under this Guaranty would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of Guarantor’s the liability of the Guarantor under this Guaranty, then, notwithstanding any other provision of this Guaranty to the contrary, the amount of such liability shall, without any further action by Guarantor the Guarantor, the Agent or any Lender, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being Guarantor’s “the "Maximum Liability”"). This Section 9 9 (a) with respect to the Maximum Liability of the Guarantor is intended solely to preserve the rights of Lender the Agent hereunder to the maximum extent not subject to avoidance under applicable law, and neither the Guarantor nor any other person or entity shall have any right or claim under this Section 9 9(a) with respect to the Maximum Liability, except to the extent necessary so that the obligations of the Guarantor hereunder shall not be rendered voidable under applicable law.

Limitation on Obligations. (a) The provisions of this Guaranty guaranty are severable, and in any action or proceeding involving any state corporate law, or any state, federal or foreign bankruptcy, insolvency, reorganization or other law affecting the rights of creditors generally, if the obligations of Guarantor the Company under this Guaranty guaranty would otherwise be held or determined to be avoidable, invalid or unenforceable on account of the amount of Guarantorthe Company’s liability under this Guarantyguaranty, then, notwithstanding any other provision of this Guaranty guaranty to the contrary, the amount of such liability shall, without any further action by Guarantor the Company, the Agent or any Lender, be automatically limited and reduced to the highest amount that is valid and enforceable as determined in such action or proceeding (such highest amount determined hereunder being Guarantorthe Company’s “Maximum Liability”). This Section 9 9.5 with respect to the Maximum Liability of Guarantor the Company is intended solely to preserve the rights of Lender the Agent hereunder to the maximum extent not subject to avoidance under applicable law, and neither Guarantor the Company nor any other person or entity shall have any right or claim under this Section 9 9.5 with respect to the Maximum Liability, except to the extent necessary so that the obligations of Guarantor the Company hereunder shall not be rendered voidable under applicable law. (b) The Company agrees that the Guaranteed Obligations may at any time and from time to time exceed the Maximum Liability of the Company without impairing this guaranty or affecting the rights and remedies of the Agent hereunder. Nothing in this Section 9.5(b) shall be construed to increase the Company’s obligations hereunder beyond its Maximum Liability.