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:
Appears in 36 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:
Appears in 24 contracts
Samples: Credit Agreement (Odyssey Healthcare Inc), Credit Agreement (Astec Industries Inc), Credit Agreement (Bon Ton Stores 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:
Appears in 6 contracts
Samples: Credit Agreement (XPO Logistics, Inc.), Credit Agreement (XPO Logistics, Inc.), Credit Agreement (XPO Logistics, 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:
Appears in 6 contracts
Samples: Loan and Security Agreement (Marlton Technologies Inc), Loan and Security Agreement (Edac Technologies Corp), Loan and Security Agreement (Harmony Holdings 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:
Appears in 5 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 '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:
Appears in 4 contracts
Samples: Credit Agreement (Osullivan Industries Inc), Credit Agreement (Osullivan Industries Holdings Inc), Credit Agreement (Golfsmith International Holdings Inc)
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:
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 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:
Appears in 4 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 '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:
Appears in 4 contracts
Samples: Credit Agreement (Radio Unica Corp), Credit Agreement (Track N Trail Inc), Credit Agreement (Hi Rise Recycling Systems 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:
Appears in 3 contracts
Samples: Credit Agreement (Northland Cable Properties Seven Limited Partnership), Credit Agreement (Rush Enterprises Inc \Tx\), Credit Agreement (Rush Enterprises Inc \Tx\)
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:
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 BorrowerGuarantor’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 1the Loan Documents) shall be limited to an amount not to exceed as of any date of determination the greater of:
Appears in 3 contracts
Samples: Loan and Security Agreement (Daegis Inc.), Loan and Security Agreement (Unify Corp), Loan and Security Agreement (Unify 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:
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 '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) 11 shall be limited to an amount not to exceed as of any date of determination the greater of:
Appears in 2 contracts
Samples: Loan and Security Agreement (Centrum Industries Inc), Loan and Security Agreement (Transcat Inc)
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:
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 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:
Appears in 2 contracts
Samples: Credit Agreement (United Road Services Inc), Credit Agreement (Bon Ton Stores Inc)
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:
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, 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:
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 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:
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 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:
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 12) shall be limited to an amount not to exceed as of any date of determination the greater of:
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 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:
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 '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:
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 (which liability is in any event in addition to amounts for which such Borrower is primarily liable under Section 1) 12.1 shall be limited to an amount not to exceed as of any date of determination the greater of:
Appears in 1 contract
Samples: Loan Agreement (PDS Gaming Corp)
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's liability under this Section 12 13B (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:
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:
Appears in 1 contract
Samples: Credit Agreement (Ddi 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:
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:
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:
Appears in 1 contract
Samples: Credit Agreement (American Eco 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:
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) 13 shall be limited to an amount not to exceed as of any date of determination the greater of:
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 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
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:
Appears in 1 contract
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:
Appears in 1 contract
Samples: Credit and Security Agreement (Unapix Entertainment 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:
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s 's and Specified Borrower's liability under this Section 12 (which liability is in any event in addition to amounts for which such Borrower or Specified 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:
Appears in 1 contract
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:
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:
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 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:
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 '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:
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 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:
Appears in 1 contract
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:
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 (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:
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:
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 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:
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 '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 1) shall be limited to an amount not to exceed as of any date of determination the greater of:
Appears in 1 contract
Samples: Loan and Security Agreement (Keystone Consolidated Industries Inc)
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 113 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:
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) 11 shall be limited to an amount not to exceed as of any date of determination the greater lesser of:
Appears in 1 contract
Limitation. Notwithstanding any provision herein contained to the contrary, each Borrower’s Guarantor'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:
Appears in 1 contract
Samples: Credit Agreement (Budget Group Inc)
