Common use of Qualified ECP Guarantor Clause in Contracts

Qualified ECP Guarantor. In respect of any obligation under any Hedging Agreement, each Borrower or Guarantor that has total assets exceeding Ten Million Dollars ($10,000,000) at the time the relevant guaranty or grant of the relevant security interest becomes effective with respect to such obligation under any Hedging Agreement or such other Person as constitutes an Eligible Contract Participant and can cause another person to qualify as an Eligible Contract Participant at such time by entering into a keepwell under Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Sources: Loan and Security Agreement (Amerinac Holding Corp.), Loan and Security Agreement (Amerinac Holding Corp.)