Examples of ETP Subsidiary Guarantor in a sentence
Notwithstanding any other term or condition of this Agreement to the contrary, the Support Provider shall not be obligated to make any payment pursuant to this Agreement unless and until ETP Subsidiary Guarantor shall have failed to make a payment in respect of the ETP Subsidiary Guarantee as such payment has become due and payable pursuant to the terms and conditions of the ETP Subsidiary Guarantee.
ETP Subsidiary Guarantor shall not (i) create, incur, assume or permit to exist any Indebtedness (as defined below) other than the ETP Subsidiary Guarantee or (ii) consummate any transactions other than the ETP Subsidiary Guarantee of the Senior Notes.
Subject to the terms and conditions of this Agreement, including but not limited to Sections 2 and 3 below, the Support Provider hereby provides support to ETP Subsidiary Guarantor and agrees to pay to ETP Subsidiary Guarantor such amounts as necessary to guarantee collection of the aggregate principal amount of each tranche of Senior Notes pursuant to the ETP Subsidiary Guarantee.
By entering into this Agreement, the Support Provider is not waiving any defense, set-off or counterclaim available to ETP Subsidiary Guarantor or ETP with respect to the Senior Notes nor is the Support Provider waiving its rights with respect to diligence, presentment, demand for performance, notice of protest, notice of dishonor, default or non-payment, or notice of acceptance of this Agreement.
The Support Provider shall have no obligation to make a payment hereunder with respect to any accrued and unpaid interest or any other costs, fees, expenses, penalties, charges or other amounts of any kind whatsoever that may be owed by ETP Subsidiary Guarantor or ETP, whether on or related to the Senior Notes or otherwise.