Extent of Liability; Contribution. (a) Notwithstanding Section 5.10.1, U.S. Borrower shall not make any payment pursuant thereto if, as a result thereof, such payment would be rendered voidable or avoidable under Section 548 of the Bankruptcy Code or under any applicable state fraudulent transfer or conveyance act, or similar statute or common law. (b) Nothing contained in this Section 5.10 shall limit the liability of U.S. Borrower to pay Revolver Loans made directly or indirectly to U.S. Borrower (including Revolver Loans advanced to Singapore Borrower and then re-loaned or otherwise transferred to, or for the benefit of, U.S. Borrower), LC Obligations relating to Letters of Credit issued to support U.S. Borrower’s business, and all accrued interest, fees, expenses and other related Obligations with respect thereto, for which U.S. Borrower shall be primarily liable for all purposes hereunder
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Sources: Loan and Security Agreement (Multi Fineline Electronix Inc)
Extent of Liability; Contribution. (a) Notwithstanding Section 5.10.1anything herein to the contrary, U.S. Borrower shall not make any payment pursuant thereto to Section 5.11.1 if, as a result thereof, such payment would be rendered voidable or avoidable under Section 548 of the Bankruptcy Code or under any applicable state fraudulent transfer or conveyance act, or similar statute or common law.
(b) Nothing contained in this Section 5.10 5.11 shall limit the liability of U.S. Borrower to pay Revolver Loans made directly or indirectly to U.S. Borrower (including Revolver Loans advanced to Singapore Borrower and then re-loaned or otherwise transferred to, or for the benefit of, U.S. Borrower), LC Obligations relating to Letters of Credit issued to support U.S. Borrower’s business, and all accrued interest, fees, expenses and other related Obligations with respect thereto, for which U.S. Borrower shall be primarily liable for all purposes hereunder.
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