Limitation on Payment. Any amounts payable by the Issuer hereunder are contingent upon the availability of funds to make such payment in accordance with the provisions of the Indenture, to the extent such funds are available, and shall not constitute a “Claim” (as defined in Section 101(5) of the Bankruptcy Code) against the Issuer in any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings involving the Issuer.
Appears in 4 contracts
Samples: Management Agreement (Exterran Partners, L.P.), Management Agreement (Exterran Holdings Inc.), Management Agreement (Universal Compression Holdings Inc)
