Common use of Liquidity Impairment Limitation Language Clause in Contracts

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.

Appears in 2 contracts

Samples: INVACARE HOLDINGS Corp, INVACARE HOLDINGS Corp

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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.

Appears in 1 contract

Samples: Credit Agreement (Invacare Corp)

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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.

Appears in 1 contract

Samples: Senior Notes Indenture (Birkenstock Holding LTD)

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