Common use of Maximum Liability of Guarantor Clause in Contracts

Maximum Liability of Guarantor. If the obligations of each of the Guarantors hereunder otherwise would be subject to avoidance under Section 548 of the Bankruptcy Code or any applicable state law relating to fraudulent conveyances or fraudulent transfers, taking into consideration such Guarantor's (i) rights of reimbursement and indemnity from the Borrower with respect to amounts paid by such Guarantor, (ii) rights of subrogation to the rights of the Lender Parties and (iii) rights of contribution from each other Obligor, then such obligations hereby are reduced to the largest amount that would make them not subject to such avoidance. Any Person asserting that such Guarantor's obligations are so avoidable shall have the burden (including the burden of production and of persuasion) of proving (a) that, without giving effect to this Section 3.8, such Guarantor's obligations hereunder would be avoidable and (b) the extent to which such obligations are reduced by operation of this Section 3.8.

Maximum Liability of Guarantor. If the obligations of each of the Guarantors any Guarantor hereunder otherwise would be subject to avoidance under Section 544, 548 or 550 of the Bankruptcy Code Code, any other Bankruptcy Law or under any applicable state law relating to fraudulent conveyances Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or fraudulent transferssimilar statute or common law, taking into consideration such Guarantor's ’s (ia) rights of reimbursement and indemnity from the Borrower any Obligor with respect to amounts paid by such Guarantor, (iib) rights of subrogation to the rights of the Lender Parties Beneficiary and (iiic) rights of contribution from each other Obligor, then such obligations are hereby are reduced to the largest amount that would make them not subject to such avoidance. Any Person asserting that such Guarantor's ’s obligations are so avoidable shall have the burden (including the burden of production and of persuasion) of proving (ai) that, without giving effect to this Section 3.89, such Guarantor's ’s obligations hereunder would be avoidable and (bii) the extent to which such obligations are reduced by operation of this Section 3.89.

Maximum Liability of Guarantor. If the obligations of each of the Guarantors Guarantor hereunder otherwise would be subject to avoidance under Section 548 of the any Bankruptcy Code Law or under any applicable state law relating to fraudulent conveyances Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or fraudulent transferssimilar statute or common law, taking into consideration such Guarantor's ’s (ia) rights of reimbursement and indemnity from the Borrower any Obligor with respect to amounts paid by such Guarantor, (iib) rights of subrogation to the rights of the Lender Parties Beneficiary and (iiic) rights of contribution from each other Obligor, then such obligations are hereby are reduced to the largest amount that would make them not subject to such avoidance. Any Person asserting that such Guarantor's ’s obligations are so avoidable shall have the burden (including the burden of production and of persuasion) of proving (ai) that, without giving effect to this Section 3.89, such Guarantor's ’s obligations hereunder would be avoidable and (bii) the extent to which such obligations are reduced by operation of this Section 3.89.