Common use of Substantial Benefits Clause in Contracts

Substantial Benefits. The Credit Extensions provided to or for the benefit of Borrower hereunder by Lending Parties have been and are to be contemporaneously used for the benefit of Borrower and each Subsidiary Guarantor. It is the position, intent and expectation of the parties that Borrower and each Subsidiary Guarantor have derived and will derive significant and substantial benefits from the Credit Extensions to be made available by Lending Parties under the Loan Documents. Each Subsidiary Guarantor has received at least “reasonably equivalent value” (as such phrase is used in Section 548 of the Bankruptcy Code, in the Uniform Fraudulent Transfer Act and in comparable provisions of other applicable law) and more than sufficient consideration to support its obligations hereunder in respect of the Guaranteed Obligations. Immediately prior to and after and giving effect to the incurrence of each Subsidiary Guarantor’s obligations under this Guaranty, such Subsidiary Guarantor will be solvent.

Substantial Benefits. The Credit Extensions provided to or for the benefit of Borrower hereunder by Lending Parties have been and are to be contemporaneously used for the benefit of Borrower and each Subsidiary Guarantor. It is the position, intent and expectation of the parties that Borrower and each Subsidiary Guarantor have derived and will derive significant and substantial benefits from the Credit Extensions to be made available by Lending Parties under the Loan Documents. Each Subsidiary Guarantor has received at least “reasonably equivalent value” (as such phrase is used in Section 548 of the Bankruptcy Code, in the New York Uniform Fraudulent Transfer Conveyance Act and in comparable provisions of other applicable law) and more than sufficient consideration to support its obligations hereunder in respect of the Guaranteed Obligations. Immediately prior to and after and giving effect to the incurrence of each Subsidiary Guarantor’s obligations under this Guaranty, such Subsidiary Guarantor will be solvent.

Substantial Benefits. The Revolving Credit Extensions Loans provided to or for the benefit of the Borrower hereunder by Lending Parties have Lexxxxx xave been and are to be contemporaneously used for the benefit of the Borrower and each Subsidiary Guarantor. It is the position, intent and expectation of the parties that the Borrower and each Subsidiary Guarantor have derived and will derive significant and substantial benefits from the Revolving Credit Extensions Loans to be made available by Lending Parties Lenders under the Loan Documents. Each Subsidiary Guarantor has received at least “reasonably equivalent value” (as such phrase is used in Section 548 of the Bankruptcy Code, in the Uniform Fraudulent Transfer Act and in comparable provisions of other applicable lawLaw) and more than sufficient consideration to support its obligations hereunder in respect of the Guaranteed Obligations. Immediately prior to and after and giving effect to the incurrence of each Subsidiary Guarantor’s obligations under this Guaranty, such Subsidiary Guarantor will be solvent.

Substantial Benefits. The Credit Extensions Loan provided to or for the benefit of Borrower the Company hereunder by Lending Parties have the Lenders and the September Notes Lenders has been and are is to be contemporaneously used for the benefit of Borrower the Company and each Subsidiary GuarantorGuarantor and their respective Subsidiaries. It is the position, intent and expectation of the parties that Borrower the Company and each Subsidiary Guarantor have derived and will derive significant and substantial benefits from the Credit Extensions Loan made or to be made available by Lending Parties the Lenders under the Loan DocumentsDocuments and by the September Notes Lenders. Each Subsidiary Guarantor has received at least “reasonably equivalent value” (as such phrase is used in Section 548 of the Bankruptcy Code, in the Uniform Fraudulent Transfer Act Code and in comparable provisions of other applicable lawLaws) and more than sufficient consideration to support its obligations hereunder in respect of the Guaranteed Obligations. Immediately prior to and after and giving effect to the incurrence of each Subsidiary Guarantor’s obligations under this Guarantyguaranty, such Subsidiary Guarantor will be solventsolvent and will not be subject to any Insolvency Proceedings.