Common use of Limitation on Amount of Note Guarantee Clause in Contracts

Limitation on Amount of Note Guarantee. Notwithstanding anything to the contrary in this Article, each Guarantor, and by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that no Note Guarantee of any Guarantor shall constitute a fraudulent conveyance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of state law, Bermuda, Chile or Spain law or any provision of any other applicable law, to the extent applicable to any Note Guarantee. To effectuate that intention, the Trustee, the Holders and the Guarantors hereby irrevocably agree that the obligations of each Guarantor under its Note Guarantee are limited to the maximum amount that would not render the Guarantor’s obligations subject to avoidance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of state law, Bermuda, Chile or Spain law, or any provision of any other applicable law, as applicable. Notwithstanding the above, any Guarantee, indemnity, obligation and/or liability granted, incurred, undertaken, assumed or otherwise agreed by a Guarantor incorporated under the laws of Spain shall be limited by the restrictions contained in the Spanish Companies Act, and in particular, those limitations set out in articles 143.2 and 150 of the Spanish Companies Act.

Limitation on Amount of Note Guarantee. Notwithstanding anything to the contrary in this ArticleArticle 10 of the Indenture, each the Guarantor, and by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that no the Guarantor’s Note Guarantee of any Guarantor shall not constitute a fraudulent conveyance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of state law, Bermuda, Chile or Spain law or any provision of any other applicable law, to the extent applicable to any such Note Guarantee. To effectuate that intention, the TrusteeGuarantor hereby irrevocably agrees (and by execution of the Indenture, the Holders Trustee irrevocably agrees and the Guarantors hereby by acceptance of a Note, each Holder irrevocably agree agrees) that the obligations of each the Guarantor under its Note Guarantee are limited to the maximum amount that would not render the Guarantor’s obligations subject to avoidance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of state law, Bermuda, Chile or Spain law, or any provision of any other applicable law, as applicable. [Notwithstanding the above, any Guaranteeguarantee, indemnity, obligation and/or liability granted, incurred, undertaken, assumed or otherwise agreed by a the Guarantor incorporated under the laws of Spain shall be are limited by the restrictions contained in the Spanish Companies Act, and in particular, those limitations set out in articles article 143.2 and 150 of the Spanish Companies Act.Act.]1

Limitation on Amount of Note Guarantee. Notwithstanding anything to the contrary in this ArticleArticle 10 of the Indenture, each the Guarantor, and by its acceptance of Notes, each Holder, hereby confirms that it is the intention of all such parties that no the Guarantor’s Note Guarantee of any Guarantor shall not constitute a fraudulent conveyance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of state law, Bermuda, Chile Spain, Colombia or Spain Argentina law or any provision of any other applicable law, to the extent applicable to any such Note Guarantee. To effectuate that intention, the TrusteeGuarantor hereby irrevocably agrees (and by execution of the Indenture, the Holders Trustee irrevocably agrees and the Guarantors hereby by acceptance of a Note, each Holder irrevocably agree agrees) that the obligations of each the Guarantor under its Note Guarantee are limited to the maximum amount that would not render the Guarantor’s obligations subject to avoidance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of state law, Bermuda, Chile Spain, Colombia or Spain Argentina law, or any provision of any other applicable law, as applicable. [Notwithstanding the above, any Guaranteeguarantee, indemnity, obligation and/or liability granted, incurred, undertaken, assumed or otherwise agreed by a the Guarantor incorporated under the laws of Spain shall be are limited by the restrictions contained in the Spanish Companies Act, and in particular, those limitations set out in articles article 143.2 and 150 of the Spanish Companies Act.Act.]1