Common use of Maximum Guaranteed Amount Clause in Contracts

Maximum Guaranteed Amount. The creation or existence from time to time of Obligations in excess of the amount committed to or outstanding on the date of this Guaranty is hereby authorized by the Guarantor, without notice to the Guarantor, and shall in no way impair or affect this Guaranty or the rights of the Banks and the Administrative Agent, or any of them, herein. Anything in this Guaranty to be contrary notwithstanding, it is the intention of the Guarantor, the Banks and the Administrative Agent, that the Guarantor's obligations hereunder shall be, but not in excess of, the Maximum Guaranteed Amount. The "Maximum Guaranteed Amount" shall mean the greater of (a) the amount of economic benefit received (directly or indirectly) by the Guarantor pursuant to the Loan Agreement and the other Loan Documents, and (b) the maximum amount which could be paid out by the Guarantor without rendering this Guaranty void or voidable under Applicable Law including, without limitation, (i) Title 11 of the United States Code, as amended, and (ii) applicable state law regarding fraudulent conveyances.

Appears in 2 contracts

Samples: Loan Agreement (American Radio Systems Corp /Ma/), Loan Agreement (American Tower Systems Corp)

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Maximum Guaranteed Amount. The creation or existence from time to time of Guarantied Obligations in excess of the amount committed to or outstanding on the date of this Guaranty is hereby authorized by the each Guarantor, without notice to the such Guarantor, and shall in no way impair or affect this Guaranty or the rights of the Banks and the Administrative AgentGuarantied Parties, or any of them, herein. Anything in this Guaranty to be contrary notwithstanding, it is the intention of the Guarantor, the Banks each Guarantor and the Administrative AgentGuarantied Parties, that the such Guarantor's ’s obligations hereunder shall be, but not in excess of, the Maximum Guaranteed Amount. The "Maximum Guaranteed Amount" shall mean for each Guarantor, calculated separately, the greater of (a) the amount of economic benefit received (directly or indirectly) by the such Guarantor pursuant to the Loan Agreement and the other Loan Documents, and (b) the maximum amount which could be paid out by the such Guarantor without rendering this Guaranty void or voidable under Applicable Law including, without limitation, (i) Title 11 of the United States Code, as amended, and (ii) applicable state law regarding fraudulent conveyances.

Appears in 2 contracts

Samples: Loan Agreement (American Tower Corp /Ma/), Loan Agreement (American Tower Corp /Ma/)

Maximum Guaranteed Amount. The creation or existence from time to time of Guarantied Obligations in excess of the amount committed to or outstanding on the date of this Guaranty is hereby authorized by the Guarantoreach Borrower, without notice to the Guarantorsuch Borrower, and shall in no way impair or affect this Guaranty or the rights of the Banks and the Administrative AgentGuarantied Parties, or any of them, herein. Anything in this Guaranty to be the contrary notwithstanding, it is the intention of the Guarantor, the Banks each Borrower and the Administrative Agent, Guarantied Parties that the Guarantor's such Borrower’s obligations hereunder shall be, but not in excess of, the Maximum Guaranteed Amount. The "Maximum Guaranteed Amount" shall mean for each Borrower, calculated separately, the greater of (a) the amount of economic benefit received (directly or indirectly) by the Guarantor such Borrower pursuant to the Loan Agreement and the other Loan Documents, and (b) the maximum amount which could be paid out by the Guarantor such Borrower without rendering this Guaranty void or voidable under Applicable Law including, without limitation, (i) Title 11 of the United States Code, as amended, and (ii) applicable state law regarding fraudulent conveyances.

Appears in 1 contract

Samples: Loan Agreement (American Tower Corp /Ma/)

Maximum Guaranteed Amount. The creation or existence from time to time of Obligations in excess of the amount committed to or outstanding on the date of this Guaranty is hereby authorized by the each Guarantor, without notice to the such Guarantor, and shall in no way impair or affect this Guaranty or the rights of the Banks and the Administrative AgentSecured Parties, or any of them, herein. Anything in this Guaranty to be the contrary notwithstanding, it is the intention of the Guarantor, the Banks each Guarantor and the Administrative Agent, Secured Parties that the such Guarantor's ’s obligations hereunder shall be, but not in excess of, the Maximum Guaranteed Amount. The "Maximum Guaranteed Amount" shall mean the greater of (a) the amount of economic benefit received (directly or indirectly) by the such Guarantor pursuant to the Loan Credit Agreement and the other Loan Documents, Documents and (b) the maximum amount which could be paid out by the such Guarantor without rendering this Guaranty void or voidable under Applicable Law applicable law including, without limitation, (i) Title 11 of the United States Code, as amended, and (ii) applicable state law regarding fraudulent conveyances.

Appears in 1 contract

Samples: Guaranty Agreement (NetSpend Holdings, Inc.)

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Maximum Guaranteed Amount. The creation or existence from time to time of Obligations in excess of the amount committed to or outstanding on the date of this Guaranty is hereby authorized by the each Guarantor, without notice to the such Guarantor, and shall in no way impair or affect this Guaranty or the rights of the Banks Banks, the Syndication Agent, the Documentation Agent, the Managing Agents and the Administrative Agent, or any of them, herein. Anything in this Guaranty to be contrary notwithstanding, it It is the intention of the each Guarantor, the Banks Banks, the Syndication Agent, the Documentation Agent, the Managing Agents and the Administrative Agent, that the such Guarantor's obligations hereunder shall bebe in, but not in excess of, the Maximum Guaranteed Amount. The "Maximum Guaranteed Amount" shall mean the greater of (a) the amount of economic benefit received (directly or indirectly) by the such Guarantor pursuant to the Loan Agreement and the other Loan Documents, and (b) the maximum amount which could be paid out by the such Guarantor without rendering this Guaranty void or voidable under Applicable Law including, without limitation, (i) Title 11 of the United States Code, as amended, and (ii) applicable state law regarding fraudulent conveyances.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Metrocall Inc)

Maximum Guaranteed Amount. The creation or existence from time to time of Guarantied Obligations in excess of the amount committed to or outstanding on the date of this Guaranty is hereby authorized by the Guarantor, without notice to the Guarantor, and shall in no way impair or affect this Guaranty or the rights of the Banks and the Administrative AgentGuarantied Parties, or any of them, herein. Anything in this Guaranty to be contrary notwithstanding, it is the intention of the Guarantor, the Banks Guarantor and the Administrative AgentGuarantied Parties, that the Guarantor's ’s obligations hereunder shall be, but not in excess of, the Maximum Guaranteed Amount. The "Maximum Guaranteed Amount" shall mean the greater of (a) the amount of economic benefit received (directly or indirectly) by the Guarantor pursuant to the Loan Agreement and the other Loan Documents, and (b) the maximum amount which could be paid out by the Guarantor without rendering this Guaranty void or voidable under Applicable Law including, without limitation, (i) Title 11 of the United States Code, as amended, and (ii) applicable state law regarding fraudulent conveyances.

Appears in 1 contract

Samples: Loan Agreement (American Tower Corp /Ma/)

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