Common use of Borrowings and Guaranties Clause in Contracts

Borrowings and Guaranties. The Borrower shall not issue, incur, assume, create, or have outstanding any Indebtedness for Borrowed Money, or be or become liable as endorser, guarantor, surety, or otherwise for any debt, obligation, or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or supply funds thereto or invest therein or otherwise assure a creditor of another Person against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of Person another, or subordinate any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent: (a) the Obligations of the Borrower owing to the Bank under the Loan Documents and other indebtedness and obligations of the Borrower owing to the Bank; (b) endorsement of items for deposit or collection of commercial paper received in the ordinary course of business; (c) indebtedness to the Surety Policy Provider in connection with the Insurance Agreement; and (d) Debt not otherwise permitted hereby, provided that the aggregate principal amount thereof shall not exceed $200,000.

Borrowings and Guaranties. The Borrower shall not not, nor shall it permit any Subsidiary (other than any Affiliated Entity or Project Specific JV constituting, in either case, an Excluded Subsidiary) to, issue, incur, assume, create, create or have outstanding any Indebtedness for Borrowed Money, incur, create or have outstanding other contingent obligations (including earn- outs) or incur liabilities for interest rate, currency, or commodity cap, collar, swap, or similar hedging arrangements, or be or become liable as endorser, guarantor, surety, surety or otherwise for any debt, obligation, obligation or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or supply funds thereto or invest therein or otherwise assure a creditor of another Person against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of Person another, or subordinate any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent: : (a) the Obligations Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability of the Borrower and its Subsidiaries owing to Administrative Agent and the Bank under the Loan Documents Lenders (and other indebtedness their Affiliates), including any extensions, refinancings, modifications, amendments and obligations of the Borrower owing to the Bank; restatements thereof; (b) endorsement purchase money indebtedness and Capitalized Lease Obligations of items for deposit or collection of commercial paper received Borrower and its Subsidiaries in an amount not to exceed $60,000,000 in the ordinary course of business; aggregate at any one time outstanding; (c) indebtedness to the Surety Policy Provider in connection with the Insurance Agreement; and (d) Debt not otherwise permitted hereby, provided that the aggregate principal amount thereof shall not exceed $200,000.

Borrowings and Guaranties. The Borrower shall not not, nor shall it permit any Subsidiary to, issue, incur, assume, create, or have outstanding any Indebtedness for Borrowed Money, or be or become liable as endorser, guarantor, surety, or otherwise for any debt, obligation, or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or supply funds thereto or invest therein or otherwise assure a creditor of another Person against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of Person another, or subordinate any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent: (a) the Obligations of the Borrower and its Subsidiaries owing to the Bank under the Loan Documents and other indebtedness and obligations of the Borrower such Persons owing to the Bank; (b) purchase money indebtedness and Capitalized Lease Obligations of the Borrower and its Subsidiaries in an amount not to exceed $ in the aggregate at any one time outstanding; (c) endorsement of items for deposit or collection of commercial paper received in the ordinary course of business; (c) indebtedness to the Surety Policy Provider in connection with the Insurance Agreement; and (d) Non-Recourse Debt consented to in writing by the Bank (not otherwise permitted hereby, provided that the aggregate principal amount thereof shall not exceed $200,000.to be unreasonably withheld);

Borrowings and Guaranties. The Borrower shall not not, nor shall it permit any Subsidiary (other than any Affiliated Entity or Project Specific JV constituting, in either case, an Excluded Subsidiary) to, issue, incur, assume, create, create or have outstanding any Indebtedness for Borrowed Money, incur, create or have outstanding other contingent obligations (including earn- outs) or incur liabilities for interest rate, currency, or commodity cap, collar, swap, or similar hedging arrangements, or be or become liable as endorser, guarantor, surety, surety or otherwise for any debt, obligation, obligation or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or supply funds thereto or invest therein or otherwise assure a creditor of another Person against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of Person another, or subordinate any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent: : (a) the Obligations Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability of the Borrower and its Subsidiaries owing to Administrative Agent and the Bank under the Loan Documents Lenders (and other indebtedness their Affiliates), including any extensions, refinancings, modifications, amendments and obligations of the Borrower owing to the Bankrestatements thereof; (b) endorsement of items for deposit or collection of commercial paper received in the ordinary course of business; (c) indebtedness to the Surety Policy Provider in connection with the Insurance Agreement; and (d) Debt not otherwise permitted hereby, provided that the aggregate principal amount thereof shall not exceed $200,000.

Borrowings and Guaranties. The Borrower shall not issue, incur, assume, create, create or have outstanding any Indebtedness indebtedness for Borrowed Moneyborrowed money, or be or become liable as endorser, guarantor, surety, surety or otherwise for any debt, obligation, obligation or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or supply funds thereto or invest therein or otherwise assure a creditor of another Person against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of Person another, or subordinate (other than in the ordinary course of business) any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent: (a) the Obligations and any Hedging Arrangements of the Borrower owing to the Bank under the Loan Documents and other indebtedness and obligations of the Borrower owing to the BankLender; (b) endorsement of items for deposit or collection of commercial paper received in the ordinary course of business; (c) indebtedness to the Surety Policy Provider obligations arising in connection with the Insurance AgreementPermitted Liens; andor (d) Debt not otherwise permitted hereby, provided that unsecured indebtedness up to One Hundred Thousand and 00/100 Dollars ($100,000.00) in the aggregate principal amount thereof shall not exceed $200,000outstanding at any one time.

Borrowings and Guaranties. The Borrower shall not issue, incur, assume, create, create or have outstanding any Indebtedness for Borrowed MoneyIndebtedness, or be or become liable as endorser, guarantor, surety, surety or otherwise for any debt, obligation, Indebtedness or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or supply funds thereto or invest therein or otherwise assure a creditor of another Person against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of Person another, or subordinate any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent: (a) the Secured Obligations (and any guarantees of such obligations) of the Borrower owing to the Bank under the Loan Documents (and other indebtedness and obligations of the Borrower owing to the Bankits Affiliates); (b) endorsement of items for deposit or collection of commercial paper received intercompany advances from time to time owing between the Loan Parties, in each case, in the ordinary course of business; (c) indebtedness any guarantee or financial assistance by the Borrower to the Surety Policy Provider in connection with the Insurance Agreementany of its shareholders, officers, employees, related companies, commercial entities or any other Person but only up to an aggregate amount not exceeding CDN$5,000,000 at any time; and (d) Debt not otherwise permitted hereby, provided that the aggregate principal amount thereof shall not exceed $200,000Indebtedness secured by Permitted Liens.