Common use of Commodity Exchange Act Keepwell Provisions Clause in Contracts

Commodity Exchange Act Keepwell Provisions. 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 Loan Party in order for such other Loan Party to honor its obligations under the Guarantee with respect to Swap Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 5.14 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 5.14, or otherwise under this Agreement or any Loan Document, as it relates to such other Loan Parties, 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 5.14 shall remain in full force and effect until the Termination Conditions are satisfied. Each Qualified ECP Guarantor intends that this Section 5.14 constitute, and this Section 5.14 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Commodity Exchange Act Keepwell Provisions. Each Loan Party that is a Qualified ECP Guarantor hereby jointly and severally, absolutely, unconditionally and irrevocably undertakes to shall provide such funds or other support as may be needed from time to time by each other Loan Party in order for such other Loan Party to honor its obligations (a) under Swap Obligations to which such other Loan Party is a party and (b) under the Guarantee Guaranty provided herein and under the other Loan Documents including Obligations with respect to Swap Obligations (provided, however, that each Qualified ECP Guarantor Loan Party shall only be liable under this Section 5.14 5.01(w) for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 5.145.01(w), or otherwise under this Agreement or any Loan Document, as it relates they relate to such other Loan Parties, voidable under applicable law Applicable Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations of each the Loan Parties that are Qualified ECP Guarantor Guarantors under this Section 5.14 5.01(w) shall remain in full force and effect until all Obligations are paid in full to the Termination Conditions Lenders, the Administrative Agent and all other Persons to which Obligations are satisfiedowing and all of the Lenders’ Commitments are terminated. Each Qualified ECP Guarantor intends The Loan Parties intend that this Section 5.14 5.01(w) constitute, and this Section 5.14 5.01(w) shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Commodity Exchange Act Keepwell Provisions. Each Qualified ECP Guarantor party hereto hereby jointly and severally, severally absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Loan Party in order for such other Loan Party to honor all of its (a) Swap Obligations and (b) obligations under the Guarantee Guaranty including those with respect to Swap Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 5.14 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 5.14Section, or otherwise under this Agreement or any other Loan Document, as it relates to such other Loan Parties, 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 5.14 shall remain in full force and effect until the Termination Conditions are satisfiedRelease Date. Each Qualified ECP Guarantor intends that this Section 5.14 constitute, and this Section 5.14 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Commodity Exchange Act Keepwell Provisions. Each Qualified ECP Guarantor hereby jointly and severally, severally absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Loan Party in order for such other Loan Note Party to honor all of its obligations under the Guarantee with this Agreement in respect to of Swap Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 5.14 6.21 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 5.146.21, or otherwise under this Agreement or any Loan other Note Document, as it relates to such other Loan Parties, 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 5.14 6.21 shall remain in full force and effect until the Termination Conditions are satisfiedtermination of all Senior Secured Commitments and payment in full of all Secured Obligations (other than contingent indemnification obligations). Each Qualified ECP Guarantor intends that this Section 5.14 6.21 constitute, and this Section 5.14 6.21 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Note Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Commodity Exchange Act Keepwell Provisions. 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 Loan Party in order for such other Loan Party to honor its obligations under the Guarantee with respect to Swap Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 5.14 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 5.14, or otherwise under this Agreement or any Loan Document, as it relates to such other Loan Parties, 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 5.14 shall remain in full force and effect until the Termination Conditions are satisfied. Each Qualified ECP Guarantor intends that this Section 5.14 constitute, and this Section 5.14 shall be deemed to constitute, a “"keepwell, support, or other agreement” " for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.