Common use of Maximum Guaranteed Amount Clause in Contracts

Maximum Guaranteed Amount. Notwithstanding any other ------------------------- provision of this Guaranty to the contrary, if the obligations of the Guarantor hereunder would otherwise be held or determined by a court of competent jurisdiction in any action or proceeding involving any state corporate law or any state or Federal bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or other law affecting the rights of creditors generally, to be void, invalid or unenforceable to any extent on account of the amount of the Guarantor's liability under this Guaranty, then notwithstanding any other provision of this Guaranty to the contrary, the amount of such liability shall, without any further action by the Guarantor or any other Person, be automatically limited and reduced to the highest amount which is valid and enforceable as determined in such action or proceeding.

Appears in 2 contracts

Samples: Security Agreement (50 Off Stores Inc), Note and Stock Purchase Agreement (Horizon Organic Holding Corp)

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Maximum Guaranteed Amount. Notwithstanding any other ------------------------- provision of this Guaranty to the contrary, if the obligations of the Guarantor hereunder would otherwise be held or determined by a court of competent jurisdiction in any action or proceeding involving any state corporate law or any state or Federal bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or other law affecting the rights of or creditors generally, to be void, invalid or unenforceable to any extent on account of the amount of the Guarantor's ’s liability under this Guaranty, then notwithstanding any other provision of this Guaranty to the contrary, the amount of such liability shall, without any further action by the Guarantor or any other Personperson, be automatically limited and reduced to the highest amount which is valid and enforceable as determined in such action or proceeding.

Appears in 1 contract

Samples: Continuing Guaranty Agreement (Iwt Tesoro Corp)

Maximum Guaranteed Amount. Notwithstanding any other ------------------------- provision of this Guaranty anything to the contrarycontrary in this Guaranty, if the obligations of the Guarantor hereunder under this Guaranty would otherwise be held or determined (beyond further appeal) by a court of competent jurisdiction in any Insolvency Proceeding or any other action or proceeding involving any state corporate law or any state or Federal federal bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or other law affecting the rights of creditors generally, generally to be void, invalid or unenforceable to any extent on account of the amount of the Guarantor's liability under this Guaranty, then notwithstanding any other provision of this Guaranty to the contrary, the amount of such Guarantor's liability under this Guaranty shall, without any further action by the Guarantor any Guarantor, by Lender, or by any other Personperson, be automatically limited and reduced to the highest maximum amount which that is valid and enforceable as determined (beyond further appeal) in such action or proceeding.

Appears in 1 contract

Samples: Kranzco Realty Trust

Maximum Guaranteed Amount. Notwithstanding any other ------------------------- provision of this Guaranty Guarantee to the contrary, if the obligations of the any Guarantor hereunder would otherwise be held or determined by a court of competent jurisdiction in any action or proceeding involving any state corporate law or any state or Federal bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or other law affecting the rights of creditors generally, to be void, invalid or unenforceable to any extent on account of the amount of the such Guarantor's liability under this Guaranty, then notwithstanding any other provision of this Guaranty to the contrary, the amount of such liability shall, without any further action by the such Guarantor or any other Person, be automatically limited and reduced to the highest amount which is valid and enforceable as determined in such action or proceeding.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Bradlees Inc)

Maximum Guaranteed Amount. Notwithstanding any other ------------------------- provision of this Guaranty to the contrary, if the obligations of the Guarantor hereunder would otherwise be held or determined by a court of competent jurisdiction in any action or proceeding involving any state corporate law or any state or Federal bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or other law affecting the rights of or creditors generally, to be void, invalid or unenforceable to any extent on account of the amount of the Guarantor's liability under this Guaranty, then notwithstanding any other provision of this Guaranty to the contrary, the amount of such liability shall, without any further action by the Guarantor or any other Personperson, be automatically limited and reduced to the highest amount which is valid and enforceable as determined in such action or proceeding.

Appears in 1 contract

Samples: Unlimited Continuing Guaranty Agreement (Finca Consulting Inc)

Maximum Guaranteed Amount. Notwithstanding any other ------------------------- provision of this Guaranty to the contrary, if the obligations of the Guarantor hereunder would otherwise be held or determined by a court of competent jurisdiction in any action or proceeding involving any state corporate law or any state or Federal bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or other law affecting the rights of creditors generally, to be void, invalid or unenforceable to any extent on account of the amount of the Guarantor's liability under this Guaranty, then notwithstanding any other provision of this Guaranty to the contrary, the amount of such liability shall, without any further action by the Guarantor or any other Person, be automatically limited and reduced to the highest amount which is valid and enforceable as determined in such action or proceeding.

Appears in 1 contract

Samples: Guaranty (Boca Research Inc)

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Maximum Guaranteed Amount. Notwithstanding any other ------------------------- provision of this Guaranty to the contrary, if the obligations of the any Guarantor hereunder would otherwise be held or determined by a court of competent jurisdiction in any action or proceeding involving any state corporate law or any state or Federal bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or other law affecting the rights of creditors generally, to be void, invalid or unenforceable to any extent on account of the amount of the such Guarantor's liability under this Guaranty, then notwithstanding any other provision of this Guaranty to the contrary, the amount of such liability shall, without any further action by the such Guarantor or any other Person, be automatically limited and reduced to the highest amount which is valid and enforceable as determined in such action or proceeding.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (New Horizons of Yonkers Inc)

Maximum Guaranteed Amount. Notwithstanding any other ------------------------- provision of this Guaranty to the contrary, if the obligations of the any Guarantor hereunder would otherwise be held or determined by a court of competent jurisdiction in any action or proceeding involving any state corporate law or any state or Federal bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or other law affecting the rights of creditors generally, to be void, invalid or unenforceable to any extent on account of the amount of the such Guarantor's liability under this Guaranty, then notwithstanding any other provision of this Guaranty to the contrary, the amount of such liability shall, without any further action by the such Guarantor or any other Person, be automatically limited and reduced to the highest amount which is valid and enforceable as determined in such action or proceeding.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Bradlees Inc)

Maximum Guaranteed Amount. Notwithstanding any other ------------------------- provision of this Guaranty ------------------------- Section 7 to the contrary, if the obligations of the any Subsidiary Guarantor hereunder would otherwise be held or determined by a court of competent jurisdiction in any action or proceeding involving any state corporate law or any state or Federal bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or other law affecting the rights of creditors generally, to be void, invalid or unenforceable to any extent on account of the amount of the such Guarantor's liability under this GuarantySection 7, then notwithstanding any other provision of this Guaranty Section 7 to the contrary, the amount of such liability of such Guarantor shall, without any further action by the such Guarantor or any other Person, be automatically limited and reduced to the highest amount which is valid and enforceable as determined determine in such action or proceeding.

Appears in 1 contract

Samples: Loan and Security Agreement (Pharmaceutical Resources Inc)

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