Limitation on Subsidiary Guarantor Liability. Each Subsidiary Guarantor, and by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that the Guarantee of such Subsidiary 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 Federal or state law to the extent applicable to any Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Subsidiary Guarantors hereby irrevocably agree that the obligations of such Subsidiary Guarantor will be limited to the maximum amount which, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor, 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 Guarantee or pursuant to its contribution obligations under this Article Ten, will result in the obligations of such Subsidiary Guarantor under its Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal or state law.
Appears in 5 contracts
Samples: Indenture (Goodrich Petroleum Corp), Supplemental Indenture (Goodrich Petroleum Corp), Indenture (Goodrich Petroleum Corp)
Limitation on Subsidiary Guarantor Liability. Each Subsidiary GuarantorGuarantor and, and by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that the this Subsidiary Guarantee of such Subsidiary Guarantor does not constitute a fraudulent transfer or conveyance for purposes of United States Bankruptcy LawCode, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar Federal federal or state law to the extent applicable to any Subsidiary Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the each Subsidiary Guarantors Guarantor hereby irrevocably agree that the obligations of such each Subsidiary Guarantor will under this Subsidiary Guarantee and this Article Ten shall be limited to the maximum amount whichas will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Subsidiary Guarantor, and after giving effect to any collections from or payments made by or on behalf of any other each Subsidiary Guarantor in respect of the obligations of that are relevant under such other Subsidiary Guarantor under its Guarantee or pursuant to its contribution obligations under this Article Tenlaws, will result in the obligations of such Subsidiary Guarantor under its this Subsidiary Guarantee to not constituting constitute a fraudulent conveyance transfer or fraudulent transfer under Federal or state lawconveyance.
Appears in 5 contracts
Samples: Indenture (Earthlink Inc), Indenture (PAETEC Holding Corp.), Indenture (PAETEC Holding Corp.)
Limitation on Subsidiary Guarantor Liability. Each Subsidiary Guarantor, and by its acceptance of NotesSecurities, each Holder, hereby confirms that it is the intention of all such parties that the Guarantee Subsidiary Guaranty of such Subsidiary 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 Federal or state law to the extent applicable to any GuaranteeSubsidiary Guaranty. To effectuate the foregoing intention, the Trustee, the Holders and the Subsidiary Guarantors hereby irrevocably agree that the obligations Obligations of such Subsidiary Guarantor will under this Article 10 shall be limited to the maximum amount whichas shall, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Subsidiary Guarantor, 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 Subsidiary Guarantor in respect of the obligations Obligations of such other Subsidiary Guarantor under its Guarantee or pursuant to its contribution obligations under this Article Ten10, will result in the obligations Obligations of such Subsidiary Guarantor under its Guarantee Subsidiary Guaranty not constituting a fraudulent transfer or conveyance or fraudulent transfer under Federal or state law.
Appears in 3 contracts
Samples: Subordinated Indenture (TOUSA Investment #1, Inc.), Senior Subordinated Indenture (TOUSA Investment #1, Inc.), Senior Indenture (TOUSA Investment #1, Inc.)
Limitation on Subsidiary Guarantor Liability. Each The Subsidiary Guarantor, and by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that the Subsidiary Guarantee of such the Subsidiary 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 Federal federal or state law to the extent applicable to any the Subsidiary Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the Subsidiary Guarantors Guarantor hereby irrevocably agree that the obligations of such the Subsidiary Guarantor will be limited to the maximum amount whichthat will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Subsidiary Guarantor, and after giving effect to any collections from or payments made by or on behalf of any other the Subsidiary Guarantor in respect of the obligations of that are relevant under such other Subsidiary Guarantor under its Guarantee or pursuant to its contribution obligations under this Article Tenlaws, will result in the obligations of such the Subsidiary Guarantor under its the Subsidiary Guarantee not constituting a fraudulent conveyance transfer or fraudulent transfer under Federal or state lawconveyance.
Appears in 1 contract
Samples: Indenture (Jamf Holding Corp.)
Limitation on Subsidiary Guarantor Liability. Each Subsidiary Guarantor, and by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that the Subsidiary Guarantee of such the Subsidiary Guarantor Guarantors not constitute a fraudulent transfer or conveyance for purposes of Bankruptcy Law, the U.S. Uniform Fraudulent Conveyance Act, the U.S. Uniform Fraudulent Transfer Act or any similar Federal U.S. federal or state law or other applicable law to the extent applicable to any Subsidiary Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the each Subsidiary Guarantors Guarantor hereby irrevocably agree that the obligations of such each Subsidiary Guarantor will be limited to the maximum amount whichthat will, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Subsidiary Guarantor, and after giving effect to any collections from or payments made by or on behalf of any other each Subsidiary Guarantor in respect of the obligations of that are relevant under such other Subsidiary Guarantor under its Guarantee or pursuant to its contribution obligations under this Article Tenlaws, will result in the obligations of such each Subsidiary Guarantor under its Subsidiary Guarantee not constituting a fraudulent conveyance transfer or fraudulent transfer under Federal or state lawconveyance.
Appears in 1 contract
Samples: Indenture (Greif Inc)
Limitation on Subsidiary Guarantor Liability. Each Subsidiary GuarantorGuarantor and, and by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that the this Subsidiary Guarantee of such Subsidiary Guarantor does not constitute a fraudulent transfer or conveyance for purposes of the United States Bankruptcy LawCode, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar Federal federal or state law to the extent applicable to any Subsidiary Guarantee. To effectuate the foregoing intention, the Trustee, the Holders and the each Subsidiary Guarantors Guarantor hereby irrevocably agree that the obligations of such each Subsidiary Guarantor will under this Subsidiary Guarantee and this Article Ten shall be limited to the maximum amount whichas shall, after giving effect to such maximum amount and all other contingent and fixed liabilities of such Subsidiary Guarantor, and after giving effect to any collections from or payments made by or on behalf of any other each Subsidiary Guarantor in respect of the obligations of that are relevant under such other Subsidiary Guarantor under its Guarantee or pursuant to its contribution obligations under this Article Tenlaws, will result in the obligations of such Subsidiary Guarantor under its this Subsidiary Guarantee to not constituting constitute a fraudulent conveyance transfer or fraudulent transfer under Federal or state lawconveyance.
Appears in 1 contract
Samples: Indenture (Earthlink Inc)