Common use of Limitation on Subsidiary Guarantors’ Liability Clause in Contracts

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee hereby confirm that it is the intention of all such parties that the guarantee by such Subsidiary Guarantor pursuant to the Guarantee not constitute a fraudulent transfer or conveyance for purposes of any Federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee and the Subsidiary Guarantors hereby irrevocably agree that the obligations of each Subsidiary Guarantor under the Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and 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 the Guarantee, not result in the obligations of such Subsidiary Guarantor under the Guarantee constituting a fraudulent conveyance or fraudulent transfer under Federal or state law.

Appears in 34 contracts

Samples: Indenture (ACRES Commercial Realty Corp.), Indenture (USA Compression Finance Corp.), Indenture (CNX Coal Finance Corp.)

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Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security Note entitled to the benefits of the Subsidiary Guarantee hereby confirm that it is the intention of all such parties that the guarantee by such Subsidiary Guarantor pursuant to the its Subsidiary Guarantee not constitute a fraudulent transfer or conveyance for purposes of any Federal or state State law. To effectuate the foregoing intention, the Holders of a Debt Security Note entitled to the benefits of the Guarantee Subsidiary Guarantees and the Subsidiary Guarantors hereby irrevocably agree that the obligations of each Subsidiary Guarantor under the its Subsidiary Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and 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 the its Subsidiary Guarantee, not result in the obligations of such Subsidiary Guarantor under the Subsidiary Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal or state State law.

Appears in 19 contracts

Samples: Seventeenth Supplemental Indenture (Concho Resources Inc), Supplemental Indenture (Concho Resources Inc), Fifteenth Supplemental Indenture (Concho Resources Inc)

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the a Guarantee hereby confirm that it is the intention of all such parties that the guarantee by such Subsidiary Guarantor pursuant to the its Guarantee not constitute a fraudulent transfer or conveyance for purposes of any Federal federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the a Guarantee and the Subsidiary Guarantors hereby irrevocably agree that the obligations of each Subsidiary Guarantor under the its Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and 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 the its Guarantee, not result in the obligations of such Subsidiary Guarantor under the its Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law.

Appears in 18 contracts

Samples: Indenture (EnLink Midstream, LLC), Indenture (EnLink Midstream Partners, LP), Indenture (EnLink Midstream Partners, LP)

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee hereby confirm that it is the intention of all such parties that the guarantee by such Subsidiary Guarantor pursuant to the Guarantee not constitute a fraudulent transfer or conveyance for purposes of any Federal or state law. To effectuate the foregoing intention, the Holders each Holder of a Debt Security entitled to the benefits of the Guarantee and the Subsidiary Guarantors hereby irrevocably agree that the obligations of each Subsidiary Guarantor under the Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and 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 the Guarantee, not result in the obligations of such Subsidiary Guarantor under the Guarantee constituting a fraudulent conveyance or fraudulent transfer under Federal or state law.

Appears in 13 contracts

Samples: Indenture (RAIT Financial Trust), Indenture (Glimcher Realty Trust), Indenture (Glimcher Realty Trust)

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee hereby confirm that it is the intention of all such parties that the guarantee by such Subsidiary Guarantor pursuant to the its Guarantee not constitute a fraudulent transfer or conveyance for purposes of any Federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee and the Subsidiary Guarantors hereby irrevocably agree that the obligations of each Subsidiary Guarantor under the its Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and 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 the its Guarantee, not result in the obligations of such Subsidiary Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal or state law.

Appears in 10 contracts

Samples: Subordinated Indenture (Penn Virginia Oil & Gas, L.P.), Subordinated Indenture (Penn Virginia Oil & Gas, L.P.), Senior Indenture (Penn Virginia Oil & Gas, L.P.)

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee Holder, hereby confirm confirms that it is the intention of all such parties that the guarantee Subsidiary Guarantee by such Subsidiary Guarantor pursuant to the its Subsidiary Guarantee not constitute a fraudulent transfer or conveyance for purposes of the Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any Federal similar federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee and the such Subsidiary Guarantors Guarantor hereby irrevocably agree that the obligations Obligations of each such Subsidiary Guarantor under the Guarantee this Article X shall be limited to the maximum amount as will, 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 Obligations of such other Subsidiary Guarantor under the Guaranteethis Article X, not result in the obligations Obligations of such Subsidiary Guarantor under the its Subsidiary Guarantee not constituting a fraudulent transfer or conveyance or fraudulent transfer under Federal applicable federal or state law.

Appears in 7 contracts

Samples: Indenture (Navistar International Corp), Indenture (Navistar International Corp), Indenture (Navistar International Corp)

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee hereby confirm confirms that it is the intention of all such parties that the guarantee by such Subsidiary Guarantor pursuant to the its Guarantee not constitute a fraudulent transfer or conveyance for purposes of any Federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee and the Subsidiary Guarantors hereby irrevocably agree that the obligations of each Subsidiary Guarantor under the its Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and 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 the its Guarantee, not result in the obligations of such Subsidiary Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal or state law.

Appears in 6 contracts

Samples: Indenture (Val Verde Gas Gathering Co Lp), Indenture (Williams Energy Partners L P), Indenture (Te Products Pipeline Co Lp)

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee hereby confirm that it is the intention of all such parties that the guarantee by such Subsidiary Guarantor pursuant to the its Guarantee not constitute a fraudulent transfer or conveyance for purposes of any Federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee and the Subsidiary Guarantors hereby irrevocably agree that the obligations of each Subsidiary Guarantor under the its Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and 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 the its Guarantee, not result in the obligations of such Subsidiary Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal or state law.

Appears in 5 contracts

Samples: Indenture (Penn Virginia Resource Partners L P), Indenture (Pacific Energy Group LLC), Indenture (PVR Natural Gas Gathering LLC)

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee hereby confirm confirms that it is the intention of all such parties that the guarantee by such Subsidiary Guarantor pursuant to the its Subsidiary Guarantee not constitute a fraudulent transfer or conveyance for purposes of any Federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee and the Subsidiary Guarantors hereby irrevocably agree that the obligations Obligations of each Subsidiary Guarantor under the its Subsidiary Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and to any collections 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 the its Subsidiary Guarantee, not result in the obligations Obligations of such Subsidiary Guarantor under the Subsidiary Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal or state lawlaw or render a Subsidiary Guarantor insolvent.

Appears in 5 contracts

Samples: Indenture (Majestic Star Casino LLC), Indenture (Majestic Star Casino LLC), Indenture (Majestic Investor Capital Corp)

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee hereby confirm confirms that it is the intention of all such parties that the guarantee Guarantee by such Subsidiary Guarantor pursuant to the its Guarantee not constitute a fraudulent transfer or conveyance for purposes of any Federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee and the Subsidiary Guarantors hereby irrevocably agree that the obligations of each Subsidiary Guarantor under the its Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and 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 the its Guarantee, not result in the obligations of such Subsidiary Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal or state law.

Appears in 5 contracts

Samples: Senior Indenture (Magnum Hunter Resources Inc), Senior Indenture (Tesoro Alaska Co), Senior Indenture (Meridian Resource CORP)

Limitation on Subsidiary Guarantors’ Liability. (a) Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee hereby confirm confirms that it is the intention of all such parties that the guarantee by such Subsidiary Guarantor pursuant to the its Guarantee not constitute a fraudulent transfer or conveyance for purposes of any Federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee and the Subsidiary Guarantors hereby irrevocably agree that the obligations of each Subsidiary Guarantor under the its Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and 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 the its Guarantee, not result in the obligations of such Subsidiary Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal or state law.

Appears in 4 contracts

Samples: Subordinated Indenture (Jonah Gas Gathering Co), Subordinated Indenture (Williams Energy Partners L P), Subordinated Indenture (TCTM L P)

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof and each Holder of a Debt Security entitled to the benefits of the Guarantee of a Subsidiary Guarantor hereby confirm confirms that it is the intention of all such parties that the guarantee by such Subsidiary Guarantor pursuant to the Guarantee not constitute a fraudulent transfer or conveyance for purposes of any Federal or state law. To effectuate the foregoing intention, the Holders each Holder of a Debt Security entitled to the benefits of the Guarantee of a Subsidiary Guarantor and the each Subsidiary Guarantors Guarantor hereby irrevocably agree agrees that the obligations of each Subsidiary Guarantor under the its Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and 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 the its Guarantee, not result in the obligations of such Subsidiary Guarantor under the its Guarantee constituting a fraudulent conveyance or fraudulent transfer under Federal or state law.

Appears in 3 contracts

Samples: Indenture (Sovran Acquisition LTD Partnership), Indenture (Sovran Acquisition LTD Partnership), Indenture (CubeSmart, L.P.)

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and and, by its acceptance hereof hereof, each Holder of a Debt Security entitled to the benefits of the Guarantee hereby confirm confirms that it is the intention of all such parties that the guarantee guaranty by such Subsidiary Guarantor pursuant to the Guarantee its Subsidiary Guaranty not constitute a fraudulent transfer or conveyance for purposes of any Federal federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee and the Subsidiary Guarantors hereby irrevocably agree that the obligations Obligations of each Subsidiary Guarantor under the Guarantee its Subsidiary Guaranty shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and to any collections 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 the Guaranteeits Subsidiary Guaranty, not result in the obligations Obligations of such Subsidiary Guarantor under the Guarantee its Subsidiary Guaranty not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state lawlaw and not rendering a Subsidiary Guarantor insolvent.

Appears in 2 contracts

Samples: Indenture (Panavision Inc), Indenture (Airtran Holdings Inc)

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security Note entitled to the benefits of the a Guarantee hereby confirm that it is the intention of all such parties that the guarantee by such Subsidiary Guarantor pursuant to the its Guarantee not constitute a fraudulent transfer or conveyance for purposes of any Federal federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security Note entitled to the benefits of the a Guarantee and the Subsidiary Guarantors hereby irrevocably agree that the obligations of each Subsidiary Guarantor under the its Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and 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 the its Guarantee, not result in the obligations of such Subsidiary Guarantor under the its Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law.

Appears in 2 contracts

Samples: Indenture (EnLink Midstream, LLC), Indenture (EnLink Midstream Partners, LP)

Limitation on Subsidiary Guarantors’ Liability. (a) Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee hereby confirm that it is the intention of all such parties that the guarantee by such Subsidiary Guarantor pursuant to the Guarantee not constitute a fraudulent transfer or conveyance for purposes of any Federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee and the Subsidiary Guarantors hereby irrevocably agree that the obligations of each Subsidiary Guarantor under the Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and 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 the Guarantee, not result in the obligations of such Subsidiary Guarantor under the Guarantee constituting a fraudulent conveyance or fraudulent transfer under Federal or state law.

Appears in 2 contracts

Samples: Indenture (Magellan Midstream Partners Lp), Subordinated Indenture (EV Energy Partners, LP)

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee Holder, hereby confirm confirms that it is the intention of all such parties that the guarantee a Subsidiary Bond Guarantee by such Subsidiary Guarantor pursuant to the its Subsidiary Bond Guarantee not constitute a fraudulent transfer or conveyance for purposes of the Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any Federal similar federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee and the such Subsidiary Guarantors Guarantor hereby irrevocably agree that the obligations Obligations of each such Subsidiary Guarantor under the Guarantee this Article XI shall be limited to the maximum amount as will, 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 Obligations of such other Subsidiary Guarantor under the Guaranteethis Article XI, not result in the obligations Obligations of such Subsidiary Guarantor under the its Subsidiary Bond Guarantee not constituting a fraudulent transfer or conveyance or fraudulent transfer under Federal applicable federal or state law.

Appears in 2 contracts

Samples: Loan Agreement (Navistar International Corp), Loan Agreement (Navistar International Corp)

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Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and and, by its acceptance hereof hereof, each Holder of a Debt Security entitled to the benefits of the Guarantee hereby confirm confirms that it is the intention of all such parties that the guarantee Guarantee by such Subsidiary Guarantor pursuant to the its Subsidiary Guarantee shall not constitute a fraudulent transfer or conveyance for purposes of any Federal federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee and the Subsidiary Guarantors hereby irrevocably agree that the obligations of each Subsidiary Guarantor under the its Subsidiary Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and 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 the its Subsidiary Guarantee, not result in the obligations of such Subsidiary Guarantor under the its Subsidiary Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state lawlaw and not rendering a Subsidiary Guarantor insolvent.

Appears in 2 contracts

Samples: Indenture (AMS Sales CORP), Indenture (American Medical Systems Holdings Inc)

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee hereby confirm that it is the intention of all such parties that the guarantee by such Subsidiary Guarantor pursuant to the Guarantee not constitute a fraudulent transfer or conveyance for purposes of any Federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee and the Subsidiary Guarantors hereby irrevocably agree that the obligations of each Subsidiary Guarantor under the Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and 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 the Guarantee, not result in the obligations of such Subsidiary Guarantor under the Guarantee constituting a fraudulent conveyance or fraudulent transfer under Federal or state law.

Appears in 2 contracts

Samples: Indenture (Smart Balance, Inc.), Indenture (Smart Balance, Inc.)

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee hereby confirm confirms that it is the intention of all such parties that the guarantee by such Subsidiary Guarantor pursuant to the Guarantee not constitute a fraudulent transfer or conveyance for purposes of any Federal federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee and the Subsidiary Guarantors hereby irrevocably agree that the obligations of each Subsidiary Guarantor under the Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and 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 the Guarantee, not result in the obligations of such Subsidiary Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law.

Appears in 1 contract

Samples: Indenture (Te Products Pipeline Co LLC)

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee hereby confirm confirms that it is the intention of all such parties that the guarantee guaranty by such Subsidiary Guarantor pursuant to the Guarantee its Subsidiary Guaranty not constitute a fraudulent transfer or conveyance for purposes of any Federal federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee and the Subsidiary Guarantors hereby irrevocably agree that the obligations of each Subsidiary Guarantor under the Guarantee its Subsidiary Guaranty shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and to any collections 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 the Guaranteeits Subsidiary Guaranty, not result in the obligations Obligations of such Subsidiary Guarantor under the Guarantee its Subsidiary Guaranty not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state lawlaw or rendering such Subsidiary Guarantor insolvent.

Appears in 1 contract

Samples: Indenture (Louisiana Casino Cruises Inc)

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee hereby confirm confirms that it is the intention of all such parties that the guarantee guaranty by such Subsidiary Guarantor pursuant to the Guarantee its Subsidiary Guaranty not constitute a fraudulent transfer or conveyance for purposes of any Federal federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee and the Subsidiary Guarantors hereby irrevocably agree that the obligations Obligations of each Subsidiary Guarantor under the Guarantee its Subsidiary Guaranty shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and to any collections 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 the Guaranteeits Subsidiary Guaranty, not result in the obligations Obligations of such Subsidiary Guarantor under the Guarantee its Subsidiary Guaranty not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state lawlaw and not rendering a Subsidiary Guarantor insolvent.

Appears in 1 contract

Samples: Indenture (Peninsula Gaming Corp)

Limitation on Subsidiary Guarantors’ Liability. Each The Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee hereby confirm confirms that it is the intention of all each such parties party that the guarantee Subsidiary Guaranty by such the Subsidiary Guarantor pursuant to the Guarantee not constitute a fraudulent transfer or conveyance for purposes of any Federal federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee and the Subsidiary Guarantors Guarantor hereby irrevocably agree that the obligations of each the Subsidiary Guarantor under the Guarantee Subsidiary Guaranty shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such the Subsidiary Guarantor and to any collections from or payments made by or on behalf of any other Subsidiary the Guarantor in respect of the obligations of such other Subsidiary Guarantor under the GuaranteeGuarantor, not result in the obligations of such the Subsidiary Guarantor under the Guarantee Subsidiary Guaranty not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state lawlaw and not rendering the Subsidiary Guarantor insolvent.

Appears in 1 contract

Samples: Supplemental Indenture (Sanmina-Sci Corp)

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee Holder, hereby confirm confirms that it is the intention of all such parties that the guarantee Subsidiary Guarantee by such Subsidiary Guarantor pursuant to the its Subsidiary Guarantee not constitute a fraudulent transfer or conveyance for purposes of the Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any Federal similar federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee and the such Subsidiary Guarantors Guarantor hereby irrevocably agree that the obligations Obligations of each such Subsidiary Guarantor under the Guarantee this ARTICLE X shall be limited to the maximum amount as will, 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 Obligations of such other Subsidiary Guarantor under the Guaranteethis ARTICLE X, not result in the obligations Obligations of such Subsidiary Guarantor under the its Subsidiary Guarantee not constituting a fraudulent transfer or conveyance or fraudulent transfer under Federal applicable federal or state law.

Appears in 1 contract

Samples: Indenture (International Truck & Engine Corp)

Limitation on Subsidiary Guarantors’ Liability. (a) Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee hereby confirm confirms that it is the intention of all such parties that the guarantee by such Subsidiary Guarantor pursuant to the its Guarantee not 62 constitute a fraudulent transfer or conveyance for purposes of any Federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee and the Subsidiary Guarantors hereby irrevocably agree that the obligations of each Subsidiary Guarantor under the its Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor and 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 the its Guarantee, not result in the obligations of such Subsidiary Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal or state law.

Appears in 1 contract

Samples: Subordinated Indenture (Jonah Gas Gathering Co)

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee hereby confirm confirms that it is the intention of all such parties that the guarantee by such Subsidiary Guarantor pursuant to the Guarantee not constitute a fraudulent transfer or conveyance for purposes of any Federal federal or state law. To effectuate the foregoing intention, each of the Holders of a Debt Security entitled to the benefits of the Guarantee and each of the Subsidiary Guarantors hereby irrevocably agree agrees that the obligations of each of the Subsidiary Guarantor Guarantors under the Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of each such Subsidiary Guarantor and 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 the Guarantee, not result in the obligations of each such Subsidiary Guarantor under the Guarantee not constituting a fraudulent conveyance or fraudulent transfer under Federal federal or state law.

Appears in 1 contract

Samples: Indenture (Enbridge Energy Partners Lp)

Limitation on Subsidiary Guarantors’ Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder of a Debt Security entitled to the benefits of the Guarantee holder, hereby confirm confirms that it is the intention of all such parties that the guarantee Subsidiary Guarantee by such Subsidiary Guarantor pursuant to the its Subsidiary Guarantee not constitute a fraudulent transfer or conveyance for purposes of the Bankruptcy Law, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any Federal similar federal or state law. To effectuate the foregoing intention, the Holders of a Debt Security entitled to the benefits of the Guarantee holders and the such Subsidiary Guarantors Guarantor hereby irrevocably agree that the obligations of each such Subsidiary Guarantor under the Guarantee this Article IX shall be limited to the maximum amount as will, 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 the Guaranteethis Article IX, not result in the obligations of such Subsidiary Guarantor under the its Subsidiary Guarantee not constituting a fraudulent transfer or conveyance or fraudulent transfer under Federal applicable federal or state law.

Appears in 1 contract

Samples: Indenture (Navistar International Corp)

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