I very much doubt any Jet wouldn't have energy to fly a little above Max Alt trading a little speed for height in an RA situation.

Look at AF447 and how far above Max Alt they went before they totally deep stalled......quite a way. ( not that I'm suggesting that crazy a pull back ever!! )

agreed. Most modern jets do not have a problem at all to climb above their max altitude. However, there are exceptions. The altitude at which 1500/2500 fpm climb can no longer be achieved is determined by the manufacturer, and if necessary, programmed into the TCAS processor. That altitude is pretty low in a 747-100 in partial flaps configuration, hence 747-100 TCAS climb RAs are inhibited based on altitude and flaps. Jet mentioned Embraer 170-195. In some types, climb RAs are inhibited based on performance parameters. A330 is not one of them.

(and some thread drift: speaking of crazy pull backs...I remember reading somewhere that most pilots overreact to RAs. Edit: cue automation debate. Airbus has determined that switching off AP and FD and adjust pitch to get the proper V/S is "quite unfamiliar" and disruptive, which adds to the stress level of an RA. Apparently A380 and A350 have an AP/FD TCAS mode, and Airbus offers this as an upgrade for other types)