Liquidity Impairment Limitation Language. (i) Save as set out in this paragraph (d), the Holders, Trustee and/or Notes Collateral Agent shall not enforce, and any German Note Guarantor shall have a defence (Einrede) against, any Limited Upstream Obligation if and to the extent a payment and/or enforcement in respect of a Limited Upstream Obligation would cause a Liquidity Impairment for such German Note Guarantor. (ii) Paragraphs (c)(iii), (c)(iv) and (c)(vii) above (including the repayment contemplated in (c)(ii)(D) above) shall apply mutatis mutandis to the restriction in paragraph (i) above.
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Samples: Indenture (INVACARE HOLDINGS Corp), Indenture (INVACARE HOLDINGS Corp), Supplemental Indenture (Invacare Corp)
Liquidity Impairment Limitation Language. (i) Save as set out in this paragraph (dSection 11.03(a)(4), the Holders, Trustee and/or Notes Collateral Agent shall not enforce, and any German Note Guarantor shall have a defence (Einrede) against, any Limited Upstream Obligation if and to the extent a payment and/or enforcement in respect of a Limited Upstream Obligation would cause a Liquidity Impairment for such German Note Guarantor.
(ii) Paragraphs (c)(iiiSections 11.03(a)(3)(iii), (c)(iv11.03(a)(3)(iv), 11.03(a)(3)(v) and (c)(vii11.03(a)(3)(vii) above (including the repayment contemplated in (c)(ii)(D) aboveSection 11.03(a)(3)(ii)(D)) shall apply mutatis mutandis to the restriction in paragraph (iSection 11.03(a)(4)(i) above.
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Liquidity Impairment Limitation Language. (i) Save as set out in this paragraph (dc), the Holders, Trustee and/or Notes Collateral Agent Credit Parties shall not enforce, and any German Note Guarantor shall have a defence (Einrede) against, any Limited Upstream Obligation if and to the extent a payment and/or enforcement in respect of a Limited Upstream Obligation would cause a Liquidity Impairment for such German Note Guarantor.
(ii) . Paragraphs (c)(iiib)(iii), (c)(ivb)(iv) and (c)(viib)(vii) above (including the repayment contemplated in (c)(ii)(Db)(ii)(4) above) shall apply mutatis mutandis to the restriction in paragraph (i) above.
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Liquidity Impairment Limitation Language. (i) Save as set out in this paragraph (ddc), the Holders, Trustee and/or Notes Collateral Agent Credit Parties shall not enforce, and any German Note Guarantor shall have a defence (Einrede) against, any Limited Upstream Obligation if and to the extent a payment and/or enforcement in respect of a Limited Upstream Obligation would cause a Liquidity Impairment for such German Note Guarantor.
(ii) . Paragraphs (c)(iiicb)(iii), (c)(ivcb)(iv) and (c)(viicb)(vii) above (including the repayment contemplated in (c)(ii)(Dcb)(ii)(4) above) shall apply mutatis mutandis to the restriction in paragraph (i) above.
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Liquidity Impairment Limitation Language. (i) Save as set out in this paragraph (d), the Holders, Trustee and/or Notes Collateral Agent Secured Parties shall not enforce, and any German Note Guarantor shall have a defence (Einrede) against, any Limited Upstream Obligation if and to the extent a payment and/or enforcement in respect of a Limited Upstream Obligation would cause a Liquidity Impairment for such German Note Guarantor.
(ii) Paragraphs (c)(iii), (c)(iv) and (c)(vii) above (including the repayment contemplated in (c)(ii)(D) above) shall apply mutatis mutandis to the restriction in paragraph (i) above.
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Samples: Amendment Agreement and Joinder to Foreign Guarantee Agreement (Invacare Corp)
Liquidity Impairment Limitation Language. (i) Save as set out in this paragraph (d), the Holders, Trustee and/or Notes Collateral Agent Credit Parties shall not enforce, and any German Note Guarantor shall have a defence (Einrede) against, any Limited Upstream Obligation if and to the extent a payment and/or enforcement in respect of a Limited Upstream Obligation would cause a Liquidity Impairment for such German Note Guarantor.
(ii) . Paragraphs (c)(iii), (c)(iv) and (c)(vii) above (including the repayment contemplated in (c)(ii)(Dc)(ii)(4) above) shall apply mutatis mutandis to the restriction in paragraph (i) above.
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