Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of: (a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and (b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 25 contracts
Samples: Credit Agreement (Standard Motor Products Inc), Credit Agreement (Standard Motor Products Inc), Credit Agreement (Huttig Building Products Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 12 contracts
Samples: Credit Agreement (Brightpoint Inc), Credit Agreement (Agway Inc), Credit Agreement (Agway Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 11 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that which could be claimed by Agent and Lenders Lender from such Borrower under this Section 12 11 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the United States Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.711.7.
Appears in 6 contracts
Samples: Loan and Security Agreement (Harmony Holdings Inc), Loan and Security Agreement (Edac Technologies Corp), Loan and Security Agreement (Diversified Corporate Resources Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 11 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 12) shall be limited to an amount not to exceed as of any date of determination the greater of:
: (ai) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
and (bii) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 11 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.711.7.
Appears in 5 contracts
Samples: Loan and Security Agreement (ModusLink Global Solutions Inc), Loan and Security Agreement (Cmgi Inc), Loan and Security Agreement (Cmgi Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 14 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1any other provision of this Agreement) shall be limited to an amount not to exceed as of any date of determination the greater of:
: (ai) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
and (bii) the amount that could be claimed by Administrative Agent and Lenders from such Borrower under this Section 12 14 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.714.7.
Appears in 5 contracts
Samples: Loan, Security and Guaranty Agreement (Quest Resource Holding Corp), Loan, Security and Guaranty Agreement (Quest Resource Holding Corp), Loan, Security and Guaranty Agreement (Quest Resource Holding Corp)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 10 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 10 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.710.7.
Appears in 4 contracts
Samples: Credit Agreement (Osullivan Industries Inc), Credit Agreement (Osullivan Industries Holdings Inc), Credit Agreement (Penhall International Corp)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section Article 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article 2) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by the Administrative Agent and the Lenders from such Borrower under this Section Article 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 4 contracts
Samples: Credit Agreement (Rush Enterprises Inc \Tx\), Credit Agreement (Rush Enterprises Inc \Tx\), Credit Agreement (Rush Enterprises Inc \Tx\)
Limitation. Notwithstanding any provision herein contained to the contrary, each US Borrower’s liability under this Section 12 10 (which liability is in any event in addition to amounts for which such US Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent Agents and Lenders from such US Borrower under this Section 12 10 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such US Borrower’s right of contribution and indemnification from each other US Borrower under Section 12.710.7.
Appears in 4 contracts
Samples: Credit Agreement (Exopack Holding Corp), Credit Agreement (Exopack Holding Corp), Credit Agreement (Exopack Holding Corp)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 10 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 10 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.710.7.
Appears in 4 contracts
Samples: Credit Agreement (Golfsmith International Holdings Inc), Credit Agreement (Penhall International Corp), Credit Agreement (Golfsmith International Holdings Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) 13 shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the amount of all Loans advanced to such Borrower;
(b) the net amount of all Loans advanced to any other another Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(bc) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 13 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar foreign or domestic statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.713.7.
Appears in 4 contracts
Samples: Credit Agreement (XPO Logistics, Inc.), Revolving Loan Credit Agreement (XPO Logistics, Inc.), Revolving Loan Credit Agreement (XPO Logistics, Inc.)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that which could be claimed by Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 3 contracts
Samples: Credit Agreement (Home Products International Inc), Credit Agreement (Verdant Brands Inc), Credit Agreement (Titan International Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each the Borrower’s liability under this Section 12 Article 18 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1this Agreement) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 Article 18 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.718.7.
Appears in 3 contracts
Samples: Credit Agreement (USA Compression Partners, LP), Credit Agreement (USA Compression Partners, LP), Credit Agreement
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Conveyance. Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 3 contracts
Samples: Loan Agreement (H&E Equipment Services, Inc.), Loan Agreement (H&E Equipment Services, Inc.), Loan Agreement (H&E Equipment Services, Inc.)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the amount of all Loans advanced to such Borrower
(b) the net amount of all Loans advanced to any other another Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(bc) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar foreign or domestic statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 3 contracts
Samples: Credit Agreement (Blount International Inc), Credit Agreement (Blount International Inc), Credit Agreement (Blount International Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 ARTICLE 9 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1the Transaction Documents) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans amounts advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such BorrowerBorrower (including any interest and fees and other charges); and
(b) the amount that could be claimed by Agent and Lenders the Holders from such Borrower under this Section 12 ARTICLE 9 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.79.7.
Appears in 3 contracts
Samples: Financing Agreement (Unigene Laboratories Inc), Financing Agreement (Unigene Laboratories Inc), Financing Agreement (Jamba, Inc.)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that which could be claimed by Administrative Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 2 contracts
Samples: Credit Agreement (Bon Ton Stores Inc), Credit Agreement (Bon Ton Stores Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Co-Borrower’s liability under this Section 12 Article XI (which liability is in any event in addition to amounts for which such Co-Borrower is primarily liable under Section 1Article II) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Co-Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Co-Borrower; and
(b) the amount that could be claimed by the Administrative Agent and Lenders from such Co-Borrower under this Section 12 Article XI without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Co-Borrower’s right of contribution and indemnification from each other Co-Borrower under Section 12.711.07.
Appears in 2 contracts
Samples: Credit Agreement (Ennis, Inc.), Credit Agreement (Ennis, Inc.)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s Issuer's liability under this Section 12 9 (which liability is in any event in addition to amounts for which such Borrower Issuer is primarily liable under Section 12) shall be limited to an amount not to exceed as of any date of determination the greater of:
: (ai) the net amount of all Loans advanced to any other Borrower Issuer under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such BorrowerIssuer; and
and (bii) the amount that could be claimed by Agent and Lenders Purchasers from such Borrower Issuer under this Section 12 9 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s Issuer's right of contribution and indemnification from each other Borrower Issuer under Section 12.79.7.
Appears in 2 contracts
Samples: Purchase Agreement (U S Realtel Inc), Purchase Agreement (U S Realtel Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article 3 of this Agreement) shall be limited to an amount not to exceed as of any date of determination the greater of:
: (ai) the net amount of all Loans advanced to any other Borrower Borrowers under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such BorrowerBorrowers; and
and (bii) the amount that could be claimed by Agent and Lenders Lender from such Borrower Borrowers under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s Borrowers’ right of contribution and indemnification from each other Borrower Borrowers under Section 12.712.6.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement
Limitation. Notwithstanding any provision herein contained to the ---------- contrary, each Borrower’s 's liability under this Section 12 11 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that which could be claimed by Agent and Lenders Lender from such Borrower under this Section 12 11 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the United States Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.711.7.
Appears in 2 contracts
Samples: Loan and Security Agreement (Nutrition for Life International Inc), Loan and Security Agreement (Cd Warehouse Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 Article XI (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article II) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by the Administrative Agent and the Lenders from such Borrower under this Section 12 Article XI without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.711.7.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Checkfree Corp \Ga\), Revolving Credit Agreement (Checkfree Corp \Ga\)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 13 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1hereunder) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the 13.6.1. The net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the 13.6.2. The amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 13 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.713.7.
Appears in 2 contracts
Samples: Loan and Security Agreement (D & K Healthcare Resources Inc), Loan and Security Agreement (D & K Healthcare Resources Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each US Borrower’s liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such US Borrower; and
(b) the amount that could be claimed by Agent Agents and Lenders from such US Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such US Borrower’s right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 2 contracts
Samples: Credit Agreement (Wesco International Inc), Credit Agreement (Wesco International Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each the Borrower’s liability under this Section 12 Article XVIII (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1this Agreement) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 Article XVIII without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.718.7.
Appears in 2 contracts
Samples: Credit Agreement (USA Compression Partners, LP), Credit Agreement
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 13.02 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article 2 ) shall be limited to an amount not to exceed as of any date of determination the greater of:
(ai) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(bii) the amount that could be claimed by the Administrative Agent and Lenders from such Borrower under this Section 12 13.02 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.713.02(g) .
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Allion Healthcare Inc), Credit and Guaranty Agreement (Allion Healthcare Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower Borrowers under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such BorrowerBorrowers; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 2 contracts
Samples: Credit Agreement (Odyssey Healthcare Inc), Credit Agreement (Odyssey Healthcare Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 9 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article II) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans Advances advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders the Lender from such Borrower under this Section 12 9 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.79.7.
Appears in 2 contracts
Samples: Loan and Security Agreement (Workstream Inc), Loan and Security Agreement (Workstream Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 8 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 12) shall be limited to an amount not to exceed as of any date of determination the greater of:
: (ai) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
and (bii) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 8 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.78.7.
Appears in 2 contracts
Samples: Loan Agreement (U S Realtel Inc), Loan Agreement (U S Realtel Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section Article 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article 2) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by the Administrative Agent and the Lenders from such Borrower under this Section Article 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 2 contracts
Samples: Credit Agreement (Rush Enterprises Inc \Tx\), Credit Agreement (Rush Enterprises Inc \Tx\)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 12) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that which could be claimed by Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 2 contracts
Samples: Credit Agreement (Imagyn Medical Technologies Inc), Credit Agreement (Imagyn Medical Technologies Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section SECTION 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section SECTION 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section SECTION 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section SECTION 12.7.
Appears in 2 contracts
Samples: Credit Agreement (Track N Trail Inc), Credit Agreement (Omni Energy Services Corp)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 13 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 12) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 13 without rendering such claim voidable or avoidable under [Section 548 of Chapter 11 of the Bankruptcy Code Code] or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.713.7.
Appears in 2 contracts
Samples: Credit Agreement (National Automation Services Inc), Credit Agreement (National Automation Services Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 13.02 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article 2) shall be limited to an amount not to exceed as of any date of determination the greater of:
(ai) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(bii) the amount that could be claimed by the Administrative Agent and Lenders the other Secured Parties from such Borrower under this Section 12 13.02 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.713.02(h).
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (AdaptHealth Corp.), Credit and Guaranty Agreement (AdaptHealth Corp.)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 Article 11 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article 2) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that which could be claimed by Administrative Agent and Lenders from such Borrower under this Section 12 Article 11 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.711.7.
Appears in 2 contracts
Samples: Loan and Security Agreement (Us Lec Corp), Loan and Security Agreement (Us Lec Corp)
Limitation. Notwithstanding any provision herein contained to the contrary, the liability of each Borrower’s liability Borrower (other than Unapix) under this Section 12 SECTION 14 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section SECTION 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Revolving Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that which could be claimed by Agent and Lenders Lender from such Borrower under this Section 12 SECTION 14 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7SECTION 14.10.
Appears in 1 contract
Samples: Credit and Security Agreement (Unapix Entertainment Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 Article XIV (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article II) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans Loan advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 Article XIV without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.714.7.
Appears in 1 contract
Samples: Loan Agreement (Cornerstone Core Properties REIT, Inc.)
Limitation. Notwithstanding any provision herein contained to the contrary, the liability of each Borrower’s liability US Borrower and Term Borrower under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent Agents and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each the other Borrower under Section 12.7.
Appears in 1 contract
Samples: Credit Agreement (Westaff Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 ARTICLE X (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1ARTICLE II) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Revolving Credit Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by the Administrative Agent and the Lenders from such Borrower under this Section 12 ARTICLE X without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7SECTION 10.07.
Appears in 1 contract
Samples: Credit Agreement (Tweeter Home Entertainment Group Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans the Revolving Loan advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that which could be claimed by Agent and Lenders Lender from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 1 contract
Samples: Credit Agreement (Ringer Corp /Mn/)
Limitation. Notwithstanding any provision herein contained to the ----------- contrary, each Borrower’s 's liability under this Section 12 11 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that which could be claimed by Agent and Lenders Lender from such Borrower under this Section 12 11 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the United States Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.711.7.
Appears in 1 contract
Samples: Loan and Security Agreement (Advanced Nutraceuticals Inc/Tx)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent Agents and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; andand LEGAL_US_E # 82813718.8
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 1 contract
Samples: Senior Secured, Super Priority Debtor in Possession Credit Agreement (Milacron Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 13.02 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article II) shall be limited to an amount not to exceed as of any date of determination the greater of:
(ai) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(bii) the amount that could be claimed by the Administrative Agent and Lenders from such Borrower under this Section 12 13.02 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.713.02(g).
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) 13 shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the amount of all Loans advanced to such Borrower plus the amount of all Secured Hedging Obligations incurred by such Borrower;
(b) the net amount of all Loans advanced to any other another Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower plus the amount of Secured Hedging Obligations incurred by another Borrower for the benefit of such Borrower; and
(bc) the amount that could be claimed by Agent and Lenders the other Secured Parties from such Borrower under this Section 12 13 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar foreign or domestic statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.713.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 13.02 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article 2 ) shall be limited to an amount not to exceed as of any date of determination the greater of:
: (ai) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
and (bii) the amount that could be claimed by the Administrative Agent and Lenders from such Borrower under this Section 12 13.02 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.7.13.02(g) . (g)
Appears in 1 contract
Samples: Credit and Guaranty Agreement
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower, which are then outstanding; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 1 contract
Samples: Credit Agreement (Rowe Companies)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 11 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 12) shall be limited to an amount not to exceed as of any date of determination the greater of:
: (ai) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
and (bii) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 11 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.711.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 Article 14 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article II) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans Loan advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 Article 14 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7.14.7. LOAN AGREEMENT – Page 112[Heritage Wxxxx]
Appears in 1 contract
Samples: Loan Agreement (Cornerstone Core Properties REIT, Inc.)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section SECTION 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section SECTION 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any each other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such BorrowerBorrowers; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower Borrowers under this Section SECTION 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s Borrowers' right of contribution and indemnification from each the other Borrower Borrowers under Section SECTION 12.7.
Appears in 1 contract
Samples: Credit Agreement (Radio Unica Corp)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 SECTION 10 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section SECTION 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 SECTION 10 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar (domestic or foreign) statute or common law after taking into account, among other things, such Annex A Page 109 Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7SECTION 10.7.
Appears in 1 contract
Samples: Credit Agreement (Aas Capital Corp)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 15 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Sections 3 or 4) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that which could be claimed by the Agent and Lenders from such Borrower under this Section 12 15 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each the other Borrower under Section 12.715.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 17 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 12 of this Agreement) shall be limited to an amount not to exceed as of any date of determination the greater of:
(ai) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(bii) the amount that could be claimed by the Agent and Lenders from such Borrower under this Section 12 17 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.717(g) of this Agreement.
Appears in 1 contract
Samples: Omnibus Amendment (TNP Strategic Retail Trust, Inc.)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's (other than Harvard) liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code to the extent applicable or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to ---------- the contrary, each Borrower’s 's liability under this Section 12 (which liability ---------- is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any --------- date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that which could be claimed by Agent Agents and Lenders from such Borrower under this Section 12 without rendering such claim voidable or ---------- avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7.. ------------
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 Article XI (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article II) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent the Agents and the Lenders from such Borrower under this Section 12 Article XI without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.711.07.
Appears in 1 contract
Samples: Credit Agreement (Pliant Corp)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 Article XIV (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article III) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Administrative Agent and Lenders from such Borrower under this Section 12 Article XIV without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.714.07.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.7.. 58 Credit Agreement (Omni)
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.7.. Table of Contents
Appears in 1 contract
Samples: Credit Agreement (Milacron Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section Article 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article 2) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by the Agent, Collateral Agent and the Lenders from such Borrower under this Section Article 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 1 contract
Samples: Credit Agreement (Northland Cable Properties Seven Limited Partnership)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 11 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
: (a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
and (b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 11 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.711.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 11 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 12) shall be limited to an amount not to exceed as of any date of determination the greater of:
(ai) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
and (bii) the amount that could be claimed by Administrative Agent and Lenders from such Borrower under this Section 12 11 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.711.7.
Appears in 1 contract
Samples: Revolving Credit Agreement (Information Resources Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) a. the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) b. the amount that which could be claimed by Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to ---------- the contrary, each Borrower’s 's liability under this Section 12 (which liability ---------- is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any --------- date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or ---------- avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7.. -------------
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 Article XIV (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article II) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans Loan proceeds advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 Article XIV without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.714.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each OHI Borrower’s liability under this Section 12 (which liability is in any event in addition to amounts for which such OHI Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower Borrowers under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such OHI Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such OHI Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such OHI Borrower’s right of contribution and indemnification from each other OHI Borrower under Section 12.712.8.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.7.. 61 Senior Credit Agreement (Omni)
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 9.15 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 12 of this Agreement) shall be limited to an amount not to exceed as of any date of determination the greater of:
(ai) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(bii) the amount that could be claimed by the Agent and Lenders from such Borrower under this Section 12 9.15 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.79.15(g) of this Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (TNP Strategic Retail Trust, Inc.)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section SECTION 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section SECTION 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that which could be claimed by Agent Agents and Lenders from such Borrower under this Section SECTION 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section SECTION 12.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 13 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 12 of this Agreement) shall be limited to an amount not to exceed as of any date of determination the greater of:
: (ai) the net amount of all Loans advanced to any other Borrower Borrowers under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such BorrowerBorrowers; and
and (bii) the amount that could be claimed by Agent and Lenders Bank from such Borrower Borrowers under this Section 12 13 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s Borrowers’ right of contribution and indemnification from each other Borrower Borrowers under Section 12.713.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 9 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 12) shall be limited to an amount not to exceed as of any date of determination the greater of:
: (ai) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
and (bii) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 9 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.79.7.
Appears in 1 contract
Samples: Loan and Security Agreement (I2 Telecom International Inc)
Limitation. Notwithstanding any provision herein contained to the ---------- contrary, each Borrower’s 's liability under this Section 12 (which liability is ---------- in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of --------- determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders Lender from such Borrower under this Section 12 without rendering such claim voidable or avoidable under ---------- Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7.. ------------
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 11 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 12) shall be limited to an amount not to exceed as of any date of determination the greater of:
: (ai) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
and (bii) the amount that could be claimed by Administrative Agent and Lenders from such Borrower under this Section 12 11 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.711.08.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 12) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans Credit Extensions advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders Lender from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 Article XI (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article I) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 Article XI without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.711.7.
Appears in 1 contract
Samples: Debt Agreement
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 Article XI (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article II) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent the Agents and the Lenders from such Borrower under this Section 12 Article XI without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.711.07.
Appears in 1 contract
Samples: Credit Agreement (Pliant Corp)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans Revolving Credit Advances advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that which could be claimed by Agent, Collateral Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 1 contract
Samples: Credit Agreement (Liposome Co Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 11 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that which could be claimed by Agent and Lenders Lender from such Borrower under this Section 12 11 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the United States Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.711.7.
Appears in 1 contract
Samples: Loan and Security Agreement (Dot Hill Systems Corp)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1hereunder) shall be limited to an amount not to exceed as of any date of determination the greater of:
: (ai) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
and (bii) the amount that which could be claimed by Administrative Agent, Term Loan B Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 13A (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 12) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Revolving Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Administrative Agent and Revolving Lenders from such Borrower under this Section 12 13A without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.713A.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
: (ai) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
and (bii) the amount that could be claimed by Agent and Lenders Lender from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower Borrowers under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such BorrowerBorrowers; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 11.02 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 12) shall be limited to an amount not to exceed as of any date of determination the greater of:
(ai) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(bii) the amount that could be claimed by Administrative Agent and Lenders from such Borrower under this Section 12 11.02 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.711.02(g).
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower Borrowers under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 (which liability is in any event in addition to amounts for 61 Junior Credit Agreement (Omni) which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section SECTION 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section SECTION 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section SECTION 12.7.
Appears in 1 contract
Samples: Credit Agreement (Ddi Corp)
Limitation. Notwithstanding any provision herein contained to the contrary, each Each Borrower’s liability under this Section 12 11.28 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Sections 2.1, 2.2, 2.3, 2.4 and 2.5 hereto) shall be limited to an amount not to exceed as of any date of determination the greater of:
(ai) the net amount of all Loans advanced advances under any Loan to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(bii) the amount that could be claimed by Agent and Lenders any Lender from such Borrower under this Section 12 11.28 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.711.28(g) below.
Appears in 1 contract
Samples: Loan Agreement (Ensign Group, Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 Article XI (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article II) shall be limited to an amount not to exceed as of any date of determination the greater of:
(ai) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(bii) the amount that which could be claimed by the Agent and the Lenders from such Borrower under this Section 12 Article XI without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.7subsection (e) below.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 SECTION 11 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section SECTION 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that which could be claimed by Agent and Lenders Lender from such Borrower under this Section 12 SECTION 11 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the United States Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7SECTION 11.7.
Appears in 1 contract
Samples: Loan and Security Agreement (Ballantyne of Omaha Inc)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 10 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
and (b) the amount that could be claimed by Agent and Lenders from such Borrower under this Section 12 10 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.710.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to ---------- the contrary, each Borrower’s 's liability under this Section 12 14 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 12) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that which could be claimed by Agent and Lenders Bank from such Borrower under this Section 12 14 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the United States Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.714.7.
Appears in 1 contract
Samples: Loan and Security Agreement (SQL Financials International Inc /De)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s liability under this Section 12 Article XII (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1Article II) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) 1. the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) 2. the amount that could be claimed by Agent and Lenders Lender from such Borrower under this Section 12 Article XII without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the ---------- contrary, each Borrower’s 's liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
(a) the net amount of all Loans advanced to any other Borrower under this Agreement and then re-loaned or otherwise transferred to, or for the benefit of, such Borrower; and
(b) the amount that which could be claimed by Agent and Lenders from such Borrower under this Section 12 without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, such Borrower’s 's right of contribution and indemnification from each other Borrower under Section 12.7.
Appears in 1 contract
Samples: Credit Agreement (American Eco Corp)
