Common use of Maximum Liability of Each Borrower Clause in Contracts

Maximum Liability of Each Borrower. Anything in this Agreement or any other Loan Document to the contrary notwithstanding, in no event shall the maximum liability of any Subsidiary Borrower exceed the maximum amount that (after giving effect to the incurring of the obligations hereunder and to any rights to contribution of such Subsidiary Borrower from other affiliates of such Subsidiary Borrower) would not render the rights to payment of Agent and the Banks hereunder void, voidable or avoidable under any applicable fraudulent transfer law.

Appears in 3 contracts

Samples: Credit and Security Agreement (MTC Technologies Inc), Intercreditor Agreement (Cedar Fair L P), Credit and Security Agreement (MTC Technologies Inc)

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Maximum Liability of Each Borrower. Anything in this Agreement or any other Loan Document to the contrary notwithstanding, in no event shall the maximum liability of any Subsidiary Borrower exceed the maximum amount that (after giving effect to the incurring of the obligations hereunder and to any rights to contribution of such Subsidiary Borrower from other affiliates Affiliates of such Subsidiary Borrower) would not render the rights to payment of Agent and the Banks Lenders hereunder void, voidable or avoidable under any applicable fraudulent transfer law.

Appears in 2 contracts

Samples: Credit Agreement (IHS Inc.), Credit Agreement (IHS Inc.)

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