Common use of Qualified ECP Guarantor Clause in Contracts

Qualified ECP Guarantor. Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Guarantor to honor all of its obligations under this Guaranty in respect of Swap Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 26 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 26, or otherwise under this Guaranty, as it relates to such other Guarantor, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations of each Qualified ECP Guarantor under this Section 26 shall remain in full force and effect until the Termination Date. Each Qualified ECP Guarantor intends that this Section 26 constitute, and this Section 26 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Credit Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.”.

Qualified ECP Guarantor. Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Guarantor to honor all of its obligations under this Guaranty in respect of Swap Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 26 25 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 2625, or otherwise under this Guaranty, as it relates to such other Guarantor, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations of each Qualified ECP Guarantor under this Section 26 25 shall remain in full force and effect until the Termination Date. Each Qualified ECP Guarantor intends that this Section 26 25 constitute, and this Section 26 25 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Credit Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.”.

Qualified ECP Guarantor. Each Borrower as Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Guarantor Borrower (under and as defined in each Term Credit Agreement) to honor all of its obligations under this Guaranty in respect of CEA Swap Obligations (provided, however, provided that each such Qualified ECP Guarantor shall only be liable under this Section 26 9.06 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 269.06, or otherwise under this Guaranty, as it relates to such other Guarantorany Financing Document, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations of each such Qualified ECP Guarantor under this Section 26 9.06 shall remain in full force and effect until the Termination Date. Each Such Qualified ECP Guarantor intends that this Section 26 9.06 constitute, and this Section 26 9.06 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Borrower (under and as defined in each Term Credit Party Agreement) for all purposes of Section 1a(18)(A)(v)(II1a (18)(A)(v)(II) of the Commodity Exchange Act.”.

Qualified ECP Guarantor. Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Guarantor Credit Party to honor all of its obligations under this Guaranty in respect of Swap Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 26 7.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 26, 7.13 or otherwise under this Guaranty, as it relates to such other Guarantor, Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations of each Qualified ECP Guarantor under this Section 26 7.13 shall remain in full force and effect until a payment in full in cash of the Termination DateGuaranteed Obligations. Each Qualified ECP Guarantor intends that this Section 26 7.13 constitute, and this Section 26 7.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Credit Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.”.

Qualified ECP Guarantor. Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Guarantor to honor all of its obligations under this Guaranty Section 13 in respect of Swap Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 26 13.11 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 26, or otherwise under this Guaranty13.11, as it relates to such other Subsidiary Guarantor, voidable under applicable law Applicable Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations of each Qualified ECP Guarantor under this Section 26 13.11 shall remain in full force and effect until all of the Termination DateGuaranteed Obligations have been paid in full in cash and the commitments of the Lenders hereunder have been terminated. Each Qualified ECP Guarantor intends that this Section 26 13.11 constitute, and this Section 26 13.11 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Credit Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.”.

Qualified ECP Guarantor. Each Guarantor that is a Qualified ECP Guarantor hereby jointly guarantees the payment and severally performance of all Hedging Obligations of each other Credit Party and absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by to each other Guarantor Credit Party in order for such other Credit Party to honor all of its obligations under this Guaranty in with respect of Swap to Hedging Obligations (provided, however, that each Qualified ECP such Guarantor shall only be liable under this Section 26 13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 2613, or otherwise under this GuarantyGuaranty or any Loan Document, as it relates to such other GuarantorCredit Parties, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations of each Qualified ECP such Guarantor under this Section 26 13 shall remain in full force and effect until all Obligations are paid in full to the Termination DateLenders, the Agent and all other Lender Parties, and all of the Lenders’ Commitments are terminated. Each Qualified ECP Guarantor intends The parties intend that this Section 26 13 constitute, and this Section 26 13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Credit Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.”.