Limitation of Subsidiary Guarantor's Liability. Each Subsidiary Guarantor and by its acceptance hereof each Holder hereby confirms, as of the date any such Subsidiary Guarantor executes and delivers a Joinder Agreement, that it is the intention of all such parties that the Guarantee does not constitute a fraudulent transfer or conveyance under federal or state law. To effectuate the foregoing intention, the Holders and each Subsidiary Guarantor hereby irrevocably agree that the obligations of such Subsidiary Guarantor under the Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor, result in the obligations under the Guarantee not constituting such fraudulent transfer or conveyance.
Appears in 1 contract
Sources: Indenture (Atmi Inc)
Limitation of Subsidiary Guarantor's Liability. Each Subsidiary Guarantor Guarantor, and by its acceptance hereof each Holder Holder, hereby confirms, as of the date any such Subsidiary Guarantor executes and delivers a Joinder Agreement, confirms that it is the intention of all such parties that the guarantee by such Subsidiary Guarantor pursuant to its Subsidiary Guarantee does not constitute a fraudulent transfer or conveyance under for purposes of the Federal Bankruptcy Code, the Uniform Fraudulent Conveyance Act, the Uniform Fraudulent Transfer Act or any similar federal or state law. To effectuate the foregoing intention, the Holders and each Subsidiary Guarantor hereby irrevocably agree that the obligations of such Subsidiary Guarantor under the its Subsidiary Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor, result in the obligations under the Guarantee not constituting such fraudulent transfer or conveyance.Guarantor and after
Appears in 1 contract
Sources: Indenture (KCS Energy Inc)
Limitation of Subsidiary Guarantor's Liability. Each Subsidiary Guarantor Guarantor, and by its acceptance hereof each Holder Holder, hereby confirms, as of the date any such Subsidiary Guarantor executes and delivers a Joinder Agreement, confirms that it is the intention of all such parties that the guarantee by such Subsidiary Guarantor pursuant to its Guarantee does not constitute a fraudulent transfer or conveyance under federal for purposes of any federal, state or state foreign law. To effectuate the foregoing intention, the Holders and each Subsidiary Guarantor hereby irrevocably agree that the obligations of such each Subsidiary Guarantor under the Guarantee shall be limited to the maximum amount as will, after giving effect to all other contingent and fixed liabilities of such Subsidiary Guarantor, result Guarantor and after giving effect to any collections from or payments made by or on behalf of any other Subsidiary Guarantor in respect of the obligations under the Guarantee not constituting such fraudulent transfer or conveyance.obligations
Appears in 1 contract
Sources: Indenture (Chesapeake BNR Corp.)