Limits of Guarantee. Notwithstanding anything to the contrary in this Article 11, the aggregate amount of the Obligations guaranteed under this Indenture by each Guarantor shall be limited in amount to the maximum amount that would not render such Guarantor’s obligations subject to avoidance under applicable fraudulent conveyance provisions of the Bankruptcy Code or any comparable provision of any applicable state law.
Appears in 1 contract
Sources: Indenture (Birds Eye Foods, Inc.)
Limits of Guarantee. (a) Notwithstanding anything to the contrary in this Article 11, the aggregate amount of the Obligations guaranteed under this Indenture by each Guarantor shall be limited in amount to the lesser of (a) the maximum amount that would not render such Guarantor’s 's obligations subject to avoidance under applicable fraudulent conveyance provisions of the United States Bankruptcy Code or any comparable provision of any applicable state law and (b) the maximum amount that would not render the Note Guarantee an improper corporate distribution by such Guarantor under applicable state law.
Appears in 1 contract
Limits of Guarantee. Notwithstanding anything to the contrary in this Article 11, the aggregate amount of the Obligations guaranteed under this Indenture by each Guarantor shall be limited in amount to the maximum amount that would not render such Guarantor’s 's obligations subject to avoidance under applicable fraudulent conveyance provisions of the Bankruptcy Code or any comparable provision of any applicable state law.
Appears in 1 contract
Sources: Indenture (Linden Oaks Corp)