Adjusted Maximum Amount means, with respect to a Contributing Guarantor as of any date of determination, the maximum aggregate amount of the obligations of such Contributing Guarantor under this Guaranty or a Related Guaranty, in each case determined in accordance with the provisions hereof and thereof; provided that, solely for purposes of calculating the “Adjusted Maximum Amount” with respect to any Contributing Guarantor for purposes of this paragraph 2, the assets or liabilities arising by virtue of any rights to or obligations of contribution hereunder or under any similar provision contained in a Related Guaranty shall not be considered as assets or liabilities of such Contributing Guarantor. “Aggregate Payments” means, with respect to a Contributing Guarantor as of any date of determination, the aggregate amount of all payments and distributions made on or before such date by such Contributing Guarantor in respect of this Guaranty and the Related Guaranties (including, without limitation, in respect of this paragraph 2 or any similar provision contained in a Related Guaranty). The amounts payable as contributions hereunder and under similar provisions in the Related Guaranties shall be determined as of the date on which the related payment or distribution is made by the applicable Funding Guarantor. The allocation among Contributing Guarantors of their obligations as set forth in this paragraph 2 or any similar provision contained in a Related Guaranty shall not be construed in any way to limit the liability of any Contributing Guarantor hereunder or under a Related Guaranty. Each Contributing Guarantor under a Related Guaranty is a third party beneficiary to the contribution agreement set forth in this paragraph 2.
Adjusted Maximum Amount means, with respect to a Contributing Guarantor as of any date of determination, the maximum aggregate amount of the obligations of such Contributing Guarantor under this Guaranty Agreement determined in accordance with the provisions hereof; provided that, solely for purposes of calculating the “Adjusted Maximum Amount” with respect to any Contributing Guarantor for purposes of this paragraph 2, the assets or liabilities arising by virtue of any rights to or obligations of contribution hereunder shall not be considered as assets or liabilities of such Contributing Guarantor. “Aggregate Payments” means, with respect to a Contributing Guarantor as of any date of determination, the aggregate amount of all payments and distributions made on or before such date by such Contributing Guarantor in respect of this Guaranty Agreement (including, without limitation, in respect of this paragraph 2). The amounts payable as contributions hereunder shall be determined as of the date on which the related payment or distribution is made by the applicable Funding Guarantor. The allocation among Contributing Guarantors of their obligations as set forth in this paragraph 2 shall not be construed in any way to limit the liability of any Contributing Guarantor hereunder.
Adjusted Maximum Amount means, with respect to a Contributing Party as of any date of determination, the maximum aggregate amount of the obligations of such Contributing Party under this Agreement and the Subsidiary Guaranties, determined as of such date in accordance with subsection 11.3(a) or, if applicable, a similar provision in the Subsidiary Guaranties; provided that, solely for purposes of calculating the Adjusted Maximum Amount with respect to any Contributing Party for purposes of this subsection 11.3(b), any assets or liabilities of such Contributing Party arising by virtue of any rights to subrogation, reimbursement or indemnification or any rights to or obligations of contribution hereunder or under any similar provision in a Subsidiary Guaranty shall not be considered as assets or liabilities of such Contributing Party. "Aggregate Payments" means, with respect to a Contributing Party as of any date of determination, an amount equal to (i) the aggregate amount of all payments and distributions made on or before such date by such Contributing Party in respect of this Agreement and the Subsidiary Guaranties (including, without limitation, in respect of this subsection 11.3(b) or any similar provision contained in a Subsidiary Guaranty) minus (ii) the aggregate amount of all payments received on or before such date by such Contributing Party from the other Contributing Parties as contributions under this subsection 11.3(b) or any similar provision contained in any Subsidiary Guaranty. The amounts payable as contributions hereunder shall be determined as of the date on which the related payment or distribution is made by the applicable Funding Party. The allocation among Contributing Parties of their obligations as set forth in this subsection 11.3(b) or any similar provision contained in a Subsidiary Guaranty shall not be construed in any way to limit the liability of any Contributing Party hereunder or under a Subsidiary Guaranty or to entitle any Funding Party or Contributing Party to fail or refuse to make a payment to Obligee otherwise required hereunder or under a Subsidiary Guaranty. Without limiting the generality of the preceding sentence, the failure of any Funding Party to receive a contribution from Contributing Parties in the amount of their respective Fair Share Shortfalls shall not excuse payment by it of obligations to Obligee hereunder or under a Subsidiary Guarantee or constitute a defense or offset to payment of such obligations and no party shall pay i...
Examples of Adjusted Maximum Amount in a sentence
Notwithstanding the foregoing, the liability of each Contributing Guarantor under this Guaranty shall not exceed Adjusted Maximum Amount with respect to such Contributing Guarantor, as determined pursuant to Section 2.2(a).
The daily unused portion of the Line shall be calculated as the difference between the Adjusted Maximum Amount (or such greater amount if the Maximum Amount is ever increased by written agreement of Bank and Borrower), minus the sum of the outstanding principal balance of cash advances under the Line, as of the close of business on the date such calculation is made.
Bank will establish for Borrower for and during the period from the date hereof and until March 8, 1998 (as such period may be extended hereunder, the "Contract Period"), subject to the terms and conditions hereof, a revolving line of credit (the "Line") pursuant to which Bank will from time to time make loans or other extensions of credit to Borrower in an aggregate amount not exceeding at any time the lesser of: the (i) Borrowing Base, or (ii) Adjusted Maximum Amount.
CONTRACTOR acknowledges that once the Services rendered under this Agreement achieve the Adjusted Maximum Amount agreed, PRDT shall not pay for services rendered, unless previously authorized in writing, as before mentioned, by the PRDT.The PRDT shall make payment to CONTRACTOR, previous invoices accompanied by supporting documents, within thirty (30) days after the approval of the invoice by the Secretary of the PRDT or his authorized representative.
Should the Services rendered under this Agreement achieve the Adjusted Maximum Amount agreed, CONTRACTOR must notify of such fact to the PRDT in writing and must obtain prior written authorization from the PRDT before continuing rendering its services.
More Definitions of Adjusted Maximum Amount
Adjusted Maximum Amount means, with respect to a Guarantor as of any date of determination, the maximum aggregate amount of the liability of such Guarantor under this Guaranty, limited to the extent required under Section 2.9 (except that, for purposes solely of this calculation, any assets or liabilities arising by virtue of any rights to or obligations of contribution under this Section 2.10 shall not be counted as assets or liabilities of such Guarantor).
Adjusted Maximum Amount means, with respect to a ----------------------- Guarantor as of any date of determination, the maximum aggregate amount of the obligations of such Guarantor under this Guaranty, determined as of such date in accordance with this Section 13.01; provided that, solely for purposes of -------- calculating the "Adjusted Maximum Amount" with respect to any Guarantor for purposes of this Section 13.01(b), any assets or liabilities of such Guarantor arising by virtue of any rights to subrogation, reimbursement or indemnification or any rights to or obligations of contribution hereunder shall not be considered as assets or liabilities of such Guarantor. "Aggregate Payments" ------------------ means, with respect to a Guarantor as of any date of determination, an amount equal to (i) the aggregate amount of all payments and distributions made on or before such date by such Guarantor in respect of this Guaranty (including, without limitation, in respect of this Section 13.01(b)) minus (ii) the ----- aggregate amount of all payments received on or before such date by such Guarantor from the other Guarantors as contributions under this Section 13.01(b). The amounts payable as contributions hereunder shall be determined as of the date on which the related payment or distribution is made by the applicable Funding Guarantor. The allocation among Guarantors of their obligations as set forth in this Section 13.01(b) shall not be construed in any way to limit the liability of any Guarantor hereunder.
Adjusted Maximum Amount means, with respect to a Guarantor as of any date of determination, the maximum aggregate amount of the obligations of such Guarantor under this Guaranty determined as of such date, in the case of any Guarantor, in accordance with subsection 2.2(a); PROVIDED that, solely for purposes of calculating the "Adjusted Maximum Amount" with respect to any Guarantor for purposes of this subsection 2.2(b), any assets or liabilities of such Guarantor arising by virtue of any rights to subrogation, reimbursement or indemnification or any rights to or obligations of contribution hereunder shall not be considered as assets or liabilities of such Guarantor. "AGGREGATE PAYMENTS" means, with respect to a Guarantor as of any date of determination, an amount equal to (i) the aggregate amount of all payments and distributions made on or before such date by such Guarantor in respect of this Guaranty (including in respect of this subsection 2.2(b) MINUS (ii) the aggregate amount of all payments received on or before such date by such Guarantor from the other Guarantors as contributions under this subsection 2.2(b). The amounts payable as contributions hereunder shall be determined as of the date on which the related payment or distribution is made by the applicable Funding Guarantor. The allocation among Guarantors of their obligations as set forth in this subsection 2.2(b) shall not be construed in any way to limit the liability of any Guarantor hereunder.
Adjusted Maximum Amount has the meaning set forth in Section 6.10.
Adjusted Maximum Amount means, with respect to a Contributing Guarantor as of any date of determination, the maximum aggregate amount of the obligations of such Contributing Guarantor under this Guaranty Agreement determined in accordance
Adjusted Maximum Amount means, with respect to a Guarantor as of any date of determination, the maximum aggregate amount of the obligations of such Guarantor under this Guaranty determined as of such date, in the case of any Guarantor, in accordance with subsection 2.2(a); provided that, solely for purposes of calculating the “Adjusted Maximum Amount” with respect to any Guarantor for purposes of this subsection 2.2(b), any assets or liabilities of such Guarantor arising by virtue of any rights to subrogation, reimbursement or indemnification or any rights to or obligations of contribution hereunder shall not be considered as assets or liabilities of such Guarantor. “Aggregate Payments” means, with respect to a Guarantor as of any date of determination, an amount equal to (i) the aggregate amount of all payments and distributions made on or before such date by such Guarantor in respect of this Guaranty (including in respect of this subsection 2.2(b)) minus (ii) the aggregate amount of all payments received on or before such date by such Guarantor from the other Guarantors as contributions under this
Adjusted Maximum Amount means, with respect to a Credit Party as of any date of determination, the maximum aggregate amount of the obligations of such Credit Party under this Article VI; provided that, solely for purposes of calculating the “Adjusted Maximum Amount” with respect to any Credit Party for purposes of this Section 6.10, any assets or liabilities of such Credit Party arising by virtue of any rights to subrogation, reimbursement or indemnification or any rights to or obligations of contribution hereunder shall not be considered as assets or liabilities of such Credit Party. “Aggregate Payments” means, with respect to a Credit Party as of any date of determination, an amount equal to (i) the aggregate amount of all payments and distributions made on or before such date by such Credit party in respect of this Article VI (including in respect of this Section 6.10) minus (ii) the aggregate amount of all payments received on or before such date by such Credit Party from the other Credit Parties as contributions under this Section 6.10. The amounts payable as contributions hereunder shall be determined as of the date on which the related payment or distribution is made by the applicable Funding Credit Party.