Common use of Maximum Liability of Guarantors Clause in Contracts

Maximum Liability of Guarantors. If the obligations of any Guarantor hereunder otherwise would be subject to avoidance under Section 548 of the Bankruptcy Law or any applicable state law relating to fraudulent conveyances or fraudulent transfers, taking into consideration such Guarantor's (a) rights of reimbursement and indemnity from the Company with respect to amounts paid by such Guarantor, (b) rights of subrogation to the rights of the Beneficiary and (c) 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 (i) that, without giving effect to this Section 10.8, such Guarantor's obligations hereunder would be avoidable and (ii) the extent to which such obligations are reduced by operation of this Section 10.8.

Maximum Liability of Guarantors. If the obligations of any Guarantor hereunder otherwise would be subject to avoidance under Section 548 of the Bankruptcy Law or any applicable state law relating to fraudulent conveyances or fraudulent transfers, taking into consideration such Guarantor's ’s (a) rights of reimbursement and indemnity from the Company with respect to amounts paid by such Guarantor, (b) rights of subrogation to the rights of the Beneficiary and (c) 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 ’s obligations are so avoidable shall have the burden (including the burden of production and of persuasion) of proving (i) that, without giving effect to this Section 10.8, such Guarantor's ’s obligations hereunder would be avoidable and (ii) the extent to which such obligations are reduced by operation of this Section 10.8.

Maximum Liability of Guarantors. If the obligations of any Guarantor ------------------------------- hereunder otherwise would be subject to avoidance under Section 548 of the Bankruptcy Law or any applicable state law relating to fraudulent conveyances or fraudulent transfers, taking into consideration such Guarantor's (a) rights of reimbursement and indemnity from the Company with respect to amounts paid by such Guarantor, (b) rights of subrogation to the rights of the Beneficiary and (c) 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 (i) that, without giving effect to this Section 10.89.9, such ----------- Guarantor's obligations hereunder would be avoidable and (ii) the extent to which such obligations are reduced by operation of this Section 10.8.9.9. -----------

Maximum Liability of Guarantors. If the obligations of any Guarantor hereunder otherwise would be subject to avoidance under Section 548 of the Bankruptcy Law or any applicable state law relating to fraudulent conveyances or fraudulent transfers, taking into consideration such Guarantor's (a) rights of reimbursement and indemnity from the Company Issuers with respect to amounts paid by such Guarantor, (b) rights of subrogation to the rights of the Beneficiary Purchaser and (c) 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 (i) that, without giving effect to this Section 10.8SECTION 11.9, such Guarantor's obligations hereunder would be avoidable and (ii) the extent to which such obligations are reduced by operation of this Section 10.8SECTION 11.9.