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Luxottica Group, S.p.A. (LUX)
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LUX » Topics » US Guarantor

This excerpt taken from the LUX 20-F filed Jun 28, 2006.
US Guarantor”) hereunder shall be limited to an amount not to exceed as of any date of determination the greater of:

(A)                   the net amount of all Loans and other extensions of credit advanced under the Finance Documents and directly or indirectly re-loaned or otherwise transferred to, or incurred for the benefit of, the US Guarantor, plus interest thereon at the applicable rate specified in this Agreement; or

(B)                     the amount that could be claimed by the Agents and Lenders from the US Guarantor under this Guarantee without rendering such claim voidable or avoidable under Section 548 of Chapter 11 of the Bankruptcy Code or under any applicable state Uniform Fraudulent Transfer Act, Uniform Fraudulent Conveyance Act or similar statute or common law after taking into account, among other things, the US Guarantor’s right of contribution and indemnification from each other Guarantor under clause (b) below; and

(b)                                 To the extent that any Guarantor shall make a payment under this Guarantee (a “

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