Limits of Guarantee. Notwithstanding anything to the contrary in this Section Three, it is the intention that the Guarantee not constitute a fraudulent conveyance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of state law. To effectuate the foregoing intention, the Trustee, and the Guarantor hereby irrevocably agree that the obligations of the Guarantor under the Guarantee and this Section Three shall be limited to the maximum amount that would not render the Guarantor's obligations subject to avoidance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of state law.
Limits of Guarantee. 56 9.2 Covenant to pay.................................................... 57 9.3 Guarantors as principal debtors; indemnity......................... 57 9.4 No security taken by Guarantors.................................... 57 9.5 Interest........................................................... 58 9.6 Continuing security and other matters.............................. 58 9.7 New accounts....................................................... 58 9.8
Limits of Guarantee. Notwithstanding the provisions of clause 10.2 to 10.18 inclusive, the following limitations shall apply to the relevant Guarantors: Denmark Notwithstanding anything to the contrary herein or in any other Finance Document, the maximum amount that can be recovered from any Guarantor incorporated in Denmark (the "Danish Guarantor") under the Guarantee shall in no event exceed the higher of (i) the amounts borrowed by and utilised by or recovered by way of intercompany loan by the relevant Danish Guarantor (provided that such amount has not been on lent or disposed of to any parent of the Danish Guarantor which is not incorporated in Denmark); and (ii) the aggregate at such time of the net equity of such Danish Guarantor. The limitation referred to in clause 10.1(i) shall apply only as long as Danish company legislation (presently section 115) prevents the Danish Guarantors from guaranteeing the obligations of their non-Danish parent companies. The Danish Guarantors and the Original Borrower undertake to execute such addenda to this Agreement as may thereafter be required by the Agent to reflect the inapplicability of such legislation.
Limits of Guarantee. (a) Notwithstanding anything to the contrary in this Article 11, the aggregate amount of the Obligations guaranteed under this Indenture by each Guarantor shall be limited in amount to the lesser of (a) the maximum amount that would not render such Guarantor's obligations subject to avoidance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of any applicable state law and (b) the maximum amount that would not render the Note Guarantee an improper corporate distribution by such Guarantor under applicable state law.
Limits of Guarantee. Notwithstanding the provisions of clause 9.2 to 9.17 inclusive, the following limitations shall apply to the relevant Guarantors:
(a) Any payment under the Guarantee by any of the Guarantors incorporated in Austria (the "AUSTRIAN GUARANTORS") for any amounts not being direct liabilities of the respective Austrian Guarantor shall only be up to the amount of Distributable Profits for which CNA shall have given an instruction in accordance with clause 11.1(af) to the relevant Austrian Guarantor ("Anweisung auf Xxxxxx") stating that its interest in such Distributable Profits can be the subject of the Guarantee. Provided that the Agent agrees that, without prejudice to any of its other rights under this Agreement, it shall not make a demand for payment from Telekabel Wien under the Guarantee until 28 days after the date that the Agent has notified Telekabel Wien that a Default has occurred unless at such time (i) Telekabel Wien has repaid all amounts in respect of the Telekabel Notes, (ii) Telekabel Wien has breached any of its obligations under this Agreement or (iii) an Event of Default has otherwise occurred in relation to Telekabel Wien, in which case such 28 day grace period (or any unexpired part thereof) shall not apply. Payments under the Guarantee for direct liabilities of the relevant Austrian Guarantor are not subject to any restriction.
(b) Belgium ------- Radio Public shall not have any liability under the Guarantee contained in this clause 9 unless and until such time as its Articles of Association have been amended to a form satisfactory to the Agent which form permits Radio Public to give the Guarantee (to the extent described in this clause 9.1(b)). Once the Articles of Association of Radio Public have been amended as set out above, the liability of Radio Public under the Guarantee shall be limited to the amount that has been on-lent to Radio Public from time to time from Advances made to the Parent, together with the amount of any Advances which have been applied by the Parent in satisfaction of obligations of Radio Public.
(c) Each Guarantor which is incorporated in Norway (a "NORWEGIAN GUARANTOR") shall have no liability in excess of the aggregate of (i) the amounts drawn down and utilised by the Norwegian Borrowers under the Facility from time to time (up to but not exceeding the Norwegian Loan Amount) and (ii) a portion of the total loan amount drawn down and utilised by the Borrowers up to but not exceeding the amount of distributable equ...
Limits of Guarantee. 71 Section 11.06. Subsidiary Guarantors May Consolidate, etc., on Certain Terms . . . . . . . . . . . . . . 71 Section 11.07. Releases of Guarantees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Limits of Guarantee. (a) Notwithstanding anything to the contrary in this Article 11, the aggregate amount of the Obligations guaranteed under this Indenture by each Subsidiary Guarantor shall be limited in amount to the lesser of (a) the maximum amount that would not render such Subsidiary Guarantor's obligations subject to avoidance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of any applicable state law and (b) the maximum amount that would not render the Note Guarantee an improper corporate distribution by such Subsidiary Guarantor under applicable state law.
Limits of Guarantee. Notwithstanding the provisions of clause 9.2 to 9.17 inclusive, the following limitations shall apply to the relevant Guarantors:
Limits of Guarantee. 85 SECTION 11.05. Severability........................................................85 SECTION 11.06. Subrogation.........................................................85 SECTION 11.07. Execution of Guarantee...........................................85 SECTION 11.08. Release of Guarantor................................................86
Limits of Guarantee. Explanation of the limitation / preference
