Pursuant to Section 11. 02 of the Indenture, after giving effect to all other contingent and fixed liabilities that are relevant under any applicable Bankruptcy or fraudulent conveyance laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under Article 11 of the Indenture, this new Guarantee shall be limited to the maximum amount permissible such that the obligations of such Guaranteeing Subsidiary under this Guarantee will not constitute a fraudulent transfer or conveyance.
Appears in 1 contract
Pursuant to Section 11. 02 of the Indenture, after giving effect to any maximum amount and all other contingent and fixed liabilities that are relevant under any applicable Bankruptcy or fraudulent conveyance laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under Article 11 of the Indenture, this new Subsidiary Guarantee shall be limited to the maximum amount permissible such that the obligations of such Guaranteeing Subsidiary Guarantor under this Subsidiary Guarantee will not constitute a fraudulent transfer or conveyance.
Appears in 1 contract
Sources: Indenture (National Coal Corp)
Pursuant to Section 11. 02 03 of the Indenture, after giving effect to all any maximum amount and any other contingent and fixed liabilities that are relevant under any applicable Bankruptcy or fraudulent conveyance laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations Obligations of such other Guarantor under Article 11 of the Indenture, this new Guarantee Indenture the Obligations of the Guarantors shall be limited to the maximum amount permissible such that as shall result in the obligations Obligations of such Guaranteeing Subsidiary Guarantor under this its Note Guarantee will not constitute constituting a fraudulent transfer or conveyance.
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Sources: Indenture (Unicco Service Co)
Pursuant to Section 11. 02 03 of the Indenture, after giving effect to all any maximum amount and any other contingent and fixed liabilities that are relevant under any applicable Bankruptcy or fraudulent conveyance lawslaws (including, without limitation, all Senior Debt of such Guarantor), and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under Article 11 of the Indenture, this new Guarantee Indenture shall be limited to the maximum amount permissible such that result in the obligations of such Guaranteeing Subsidiary Guarantor under this its Guarantee will not constitute constituting a fraudulent transfer or conveyance.
Appears in 1 contract
Sources: Indenture (Symons Corp)
Pursuant to Section 11. 02 of the Indenture, after giving effect to any maximum amount and all other contingent and fixed liabilities that are relevant under any applicable Bankruptcy or fraudulent conveyance laws, and after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Guarantor in respect of the obligations of such other Guarantor under Article 11 of the Indenture, this new Note Guarantee shall be limited to the maximum amount permissible such that the obligations of such Guaranteeing Subsidiary Guarantor under this Note Guarantee will shall not constitute a fraudulent transfer or conveyance.
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Sources: Indenture (Wynn Las Vegas LLC)
Pursuant to Section 11. 02 03 of the Indenture, after giving effect to all any maximum amount and any other contingent and fixed liabilities that are relevant under any applicable Bankruptcy or fraudulent conveyance laws, and and, to the extent relevant, after giving effect to any collections from, rights to receive contribution from or payments made by or on behalf of any other Subsidiary Guarantor in respect of the obligations of such other Subsidiary Guarantor under Article 11 XI of the Indenture, this new the Subsidiary Guarantee shall be limited to the maximum amount permissible such that not result in the obligations of such Guaranteeing Subsidiary Guarantor under this its Subsidiary Guarantee will not constitute constituting a fraudulent transfer or conveyanceconveyance or being improper or prohibited under applicable state law.
Appears in 1 contract
Sources: Indenture (Newcor Inc)