Maximum Liability. Anything herein or in any other Loan Document to the contrary notwithstanding, the maximum liability of each Guarantor shall in no event exceed the amount which can be guaranteed by such Guarantor under applicable federal, state provincial or territorial laws relating to the insolvency of debtors (after giving effect to the right of contribution established in Section 13.5).
Appears in 5 contracts
Samples: Loan and Security Agreement (89bio, Inc.), Loan and Security Agreement (TScan Therapeutics, Inc.), Guaranty, and Security Agreement (ASLAN Pharmaceuticals LTD)
Maximum Liability. Anything herein or in any other Loan Document to the contrary notwithstanding, the maximum liability of each Guarantor (other than Holdings and the Borrower) hereunder and under the other Loan Documents shall in no event exceed the amount which can be guaranteed by such Guarantor under applicable federal, federal and state provincial or territorial laws relating to the insolvency of debtors (after giving effect to the right of contribution established in Section 13.56.02).
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Massey Energy Co), Guarantee and Collateral Agreement (Alpha Natural Resources, Inc.), Guarantee and Collateral Agreement (Chart Industries Inc)
Maximum Liability. Anything herein or in any other Loan Document to the contrary notwithstanding, the maximum liability of each Guarantor shall in no event exceed the amount which can be guaranteed by such Guarantor under applicable federal, federal or state provincial or territorial laws relating to the insolvency of debtors (after giving effect to the right of contribution established in Section 13.512.5).
Appears in 3 contracts
Samples: Loan and Guaranty Agreement (Ault Alliance, Inc.), Loan and Guaranty Agreement (Ault Alliance, Inc.), Loan and Guaranty Agreement (BitNile Holdings, Inc.)
Maximum Liability. Anything herein or in any other Loan Document to the contrary notwithstanding, the maximum liability of each Guarantor (other than Holdings and the U.S. Borrower) hereunder and under the other Loan Documents shall in no event exceed the amount which can be guaranteed by such Guarantor under applicable federal, federal and state provincial or territorial laws relating to the insolvency of debtors (after giving effect to the right of contribution established in Section 13.56.02).
Appears in 3 contracts
Samples: Credit Agreement (Dresser Inc), Collateral Agreement (Nalco Holding CO), Guarantee and Collateral Agreement (Nalco Energy Services Equatorial Guinea LLC)
Maximum Liability. Anything herein or in any other Loan Document If and to the contrary notwithstandingextent required in order for the obligations of any Guarantor to be enforceable under applicable federal, state and other laws relating to the insolvency of debtors, the maximum liability of each such Guarantor hereunder shall in no event exceed be limited to the greatest amount which can lawfully be guaranteed by such Guarantor under applicable federalsuch laws, state provincial or territorial laws relating to the insolvency of debtors (after giving effect to any rights of contribution, reimbursement and subrogation arising under the right of contribution established in Section 13.5)Guaranty.
Appears in 3 contracts
Samples: Term Loan Agreement (TXCO Resources Inc), Credit Agreement (Exploration Co of Delaware Inc), Term Loan Agreement (Exploration Co of Delaware Inc)
Maximum Liability. Anything herein or in any other Loan Document to the contrary notwithstanding, the maximum liability of each Guarantor shall in no event exceed the amount which can be guaranteed by such Guarantor under applicable federal, federal and state provincial or territorial laws relating to the insolvency of debtors (after giving effect to the right of contribution established in Section 13.5).
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (FiscalNote Holdings, Inc.), Credit and Guaranty Agreement (FiscalNote Holdings, Inc.), Loan and Security Agreement (Porch Group, Inc.)
Maximum Liability. Anything herein or in any other Loan Document to the contrary notwithstanding, the maximum liability of each Guarantor hereunder and under the other Loan Documents shall in no event exceed the amount which can be guaranteed by such Guarantor under applicable federal, federal and state provincial or territorial laws relating to the insolvency of debtors (after giving effect to the right of contribution established in Section 13.56.02 hereof).
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Nuance Communications, Inc.), Control Agreement (Secure Computing Corp)
Maximum Liability. Anything herein or in any other Loan Document to the contrary notwithstanding, the maximum liability of each Guarantor in its capacity as such hereunder and under the other Loan Documents shall in no event exceed the amount which can be guaranteed by such Guarantor under applicable federal, federal and state provincial or territorial laws relating to the insolvency of debtors (after giving effect to the right of contribution established in Section 13.56.02).
Appears in 2 contracts
Samples: Guaranty Agreement (Frank's International N.V.), Guaranty Agreement (Frank's International N.V.)
Maximum Liability. Anything herein or in any other Loan Document to the contrary notwithstanding, the maximum liability of each Guarantor (other than Holdings and the Domestic Borrower) hereunder and under the other Loan Documents shall in no event exceed the amount which can be guaranteed by such Guarantor under applicable federal, federal and state provincial or territorial laws relating to the insolvency of debtors (after giving effect to the right of contribution established in Section 13.56.02).
Appears in 2 contracts
Samples: Domestic Guarantee and Collateral Agreement (Dresser-Rand Group Inc.), Domestic Guarantee and Collateral Agreement (Dresser-Rand Group Inc.)
Maximum Liability. Anything herein or in any other Loan Document to the contrary notwithstanding, the maximum liability of each Guarantor in its capacity as such hereunder and under the other Loan Documents shall in no event exceed the amount which can be guaranteed by such Guarantor under applicable federal, federal and state provincial or territorial laws relating to the insolvency of debtors (after giving effect to the right of contribution established in Section 13.56.02).. Guarantee and Collateral Agreement
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Crestwood Midstream Partners LP), Guarantee and Collateral Agreement (Crestwood Midstream Partners LP)
Maximum Liability. Anything herein or in any other Loan Document to the contrary notwithstanding, the maximum liability of each Guarantor (other than Holdings and the Borrower) hereunder and under the other Loan Documents shall in no event exceed the amount which can be guaranteed by such Guarantor under applicable federal, federal and state provincial or territorial laws relating to the insolvency of debtors (after giving effect to the right of contribution established in Section 13.56.02 hereof).
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Goodman Holding CO)
Maximum Liability. Anything herein or in any other Loan Document to the contrary notwithstanding, the maximum liability of each Guarantor shall in no event exceed the amount which can be guaranteed by such Guarantor under applicable federal, state state, provincial or territorial laws relating to the insolvency of debtors (after giving effect to the right of contribution established in Section 13.5).
Appears in 1 contract
Maximum Liability. Anything herein or in any other Loan Document to Notwithstanding the contrary notwithstandingforegoing, the maximum liability of each the Guarantor hereunder with respect to the Obligations shall in no event exceed an amount that would render the amount which can be guaranteed by such Guarantor under insolvent within the meaning of any United States federal or state bankruptcy, insolvency, receivership, reorganization, liquidation or other law for the relief of debtors applicable federal, state provincial or territorial laws relating to the insolvency of debtors (after giving effect to the right of contribution established in Section 13.5)Guarantor.
Appears in 1 contract
Samples: Purchase and Contribution Agreement (Unitedglobalcom Inc)
Maximum Liability. Anything herein or in any other Loan Document to the contrary notwithstanding, (a) the maximum liability of each Guarantor shall in no event exceed the amount which can be guaranteed by such Guarantor under applicable federal, federal or state provincial or territorial laws relating to the insolvency of debtors (after giving effect to the right of contribution established in Section 13.5)) and (b) the maximum liability of Parent shall in no event exceed the Maximum Guaranty Amount.
Appears in 1 contract
Samples: Loan and Guaranty Agreement (Tonix Pharmaceuticals Holding Corp.)
Maximum Liability. Anything herein or in any other Loan Document to the contrary notwithstanding, the maximum liability of each Guarantor shall in no event exceed the amount which can be guaranteed by such Guarantor under applicable federal, federal and state provincial or territorial laws relating to the insolvency of debtors (after giving effect to the right of contribution established in Section 13.5).. 274337441 v12
Appears in 1 contract
Samples: Loan and Security Agreement (PROCEPT BioRobotics Corp)
Maximum Liability. Anything Notwithstanding any provision to the contrary herein or in any other Loan Document to the contrary notwithstandingDocument, the maximum liability of each the Guarantor hereunder shall in no event exceed the amount which can be guaranteed by such Guarantor under applicable federal, state provincial or territorial laws relating limited to the insolvency maximum aggregate amount as would not render the Guarantor's obligations hereunder subject to avoidance as a fraudulent transfer or conveyance under Section 548 of debtors the Bankruptcy Code (after giving effect to the right as hereinafter defined) or any applicable provisions of contribution established in Section 13.5)any state or foreign law having similar effect.
Appears in 1 contract
Samples: Bridge Loan Agreement (NTL Inc /De/)
Maximum Liability. Anything herein or in any other Loan Document to the contrary notwithstanding, the maximum liability of each Guarantor (other than Holdings) hereunder and under the other Loan Documents shall in no event exceed the amount which can be guaranteed by such Guarantor under applicable federal, federal and state provincial or territorial laws relating to the insolvency of debtors (after giving effect to the right of contribution established in Section 13.56.02 hereof).
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (PQ Systems INC)