Common use of Contingent Obligation Clause in Contracts

Contingent Obligation. As to any Person, means any obligation of such Person as a result of such Person being a general partner of any other Person, unless the underlying obligation is expressly made non-recourse as to such general partner, and any obligation of such Person guaranteeing or intended to guarantee any Indebtedness, leases, dividends or other obligations (“primary obligations”) of any other Person (the “primary obligor”) in any manner, whether directly or indirectly, including, without limitation, any obligation of such Person, whether or not contingent: (a) to purchase any such primary obligation or any property constituting direct or indirect security therefor; (b) to advance or supply funds (i) for the purchase or payment of any such primary obligation or (ii) to maintain working capital or equity capital of the primary obligor or otherwise to maintain the net worth or solvency of the primary obligor; (c) to purchase property, securities or services primarily for the purpose of assuring the owner of any such primary obligation of the ability of the primary obligor to make payment of such primary obligation; or (d) otherwise to assure or hold harmless the holder of such primary obligation against loss in respect thereof; provided, however, that the term Contingent Obligation shall not include endorsements of instruments for deposit or collection in the ordinary course of business. The amount of any Contingent Obligation shall be deemed to be an amount equal to the lesser of (x) the stated or determinable amount of the primary obligation in respect of which such Contingent Obligation is made or, if not stated or determinable, the maximum reasonably anticipated liability in respect thereof (assuming such Person is required to perform thereunder) as determined by such Person in good faith and (y) the stated amount of such Contingent Obligation.

Contingent Obligation. As to any Person, means any obligation of such Person as a result of such Person being a general partner of any other Person, unless the underlying obligation is expressly made non-recourse as to such general partner, and any obligation of such Person guaranteeing or intended to guarantee any Indebtedness, leases, dividends or other obligations (“primary obligations”) of any other Person (the “primary obligor”) in any manner, whether directly or indirectly, including, without limitation, any obligation of such Person, whether or not contingent: , (ai) to purchase any such primary obligation or any property constituting direct or indirect security therefor; , (bii) to advance or supply funds (ix) for the purchase or payment of any such primary obligation or (iiy) to maintain working capital or equity capital of the primary obligor or otherwise to maintain the net worth or solvency of the primary obligor; , (ciii) to purchase property, securities or services primarily for the purpose of assuring the owner of any such primary obligation of the ability of the primary obligor to make payment of such primary obligation; obligation or (div) otherwise to assure or hold harmless the holder of such primary obligation against loss in respect thereof; provided, however, that the term Contingent Obligation shall not include endorsements of instruments for deposit or collection in the ordinary course of business. The amount of any Contingent Obligation shall be deemed to be an amount equal to the lesser of (x) the stated or determinable amount of the primary obligation in respect of which such Contingent Obligation is made or, if not stated or determinable, the maximum reasonably anticipated liability in respect thereof (assuming such Person is required to perform thereunder) as determined by such Person in good faith and (y) the stated amount of such Contingent Obligation.

Contingent Obligation. As to any Person, means any obligation of such Person as a result of such Person being a general partner of any other Person, unless the underlying obligation is expressly made non-recourse as to such general partner, and any obligation of such Person guaranteeing or intended to guarantee any Indebtedness, leases, dividends or other obligations (“"primary obligations”") of any other Person (the “"primary obligor”") in any manner, whether directly or indirectly, including, without limitation, any obligation of such Person, whether or not contingent: , (ai) to purchase any such primary obligation or any property constituting direct or indirect security therefor; , (bii) to advance or supply funds (ix) for the purchase or payment of any such primary obligation or (iiy) to maintain working capital or equity capital of the primary obligor or otherwise to maintain the net worth or solvency of the primary obligor; , (ciii) to purchase property, securities or services primarily for the purpose of assuring the owner of any such primary obligation of the ability of the primary obligor to make payment of such primary obligation; obligation or (div) otherwise to assure or hold harmless the holder of such primary obligation against loss in respect thereof; provided, however, that the term Contingent Obligation shall not include endorsements of instruments for deposit or collection in the ordinary course of business. The amount of any Contingent Obligation shall be deemed to be an amount equal to the lesser of (x) the stated or determinable amount of the primary obligation in respect of which such Contingent Obligation is made or, if not stated or determinable, the maximum reasonably anticipated liability in respect thereof (assuming such Person is required to perform thereunder) as determined by such Person in good faith and (y) the stated amount of such Contingent Obligation.

Contingent Obligation. As to any Person, means any obligation of such a Person as arising from a result guaranty, indemnity or other assurance of such Person being a general partner payment or performance of any other Person, unless the underlying obligation is expressly made non-recourse as to such general partner, and any obligation of such Person guaranteeing Debt or intended to guarantee any Indebtedness, leases, dividends or other obligations dividend (“primary obligations”) of any other Person another obligor (the “primary obligor”) in any manner, whether directly or indirectly, including, without limitation, including any obligation of such Person, whether or not contingent: Person under any (a) guaranty, endorsement, co-making or sale with recourse of an obligation of a primary obligor; (b) obligation to make take-or-pay or similar payments regardless of nonperformance by any other party to an agreement; and (c) arrangement (i) to purchase any such primary obligation or any property constituting direct or indirect security therefor; , (bii) to advance or supply funds (i) for the purchase or payment of any such primary obligation or obligation, (iiiii) to maintain or assure working capital or capital, equity capital of the primary obligor or otherwise to maintain the capital, net worth or solvency of the primary obligor; , (civ) to purchase property, securities Property or services primarily for the purpose of assuring the owner of any such primary obligation of the ability of the primary obligor to make payment of such perform a primary obligation; , or (dv) otherwise to assure or hold harmless the holder of such any primary obligation against loss in respect thereof; provided, however, that the term Contingent Obligation shall not include endorsements of instruments for deposit or collection in the ordinary course of business. The amount of any Contingent Obligation shall be deemed to be an amount equal to the lesser of (x) the stated or determinable amount of the primary obligation in respect of (or, if less, the maximum amount for which such Person may be liable under the instrument NOTE: A request for confidential treatment has been made with respect to the portions of the following document that are marked [*CONFIDENTIAL*]. The redacted portions have been filed separately with the SEC. evidencing the Contingent Obligation is made Obligation) or, if not stated or determinable, the maximum reasonably anticipated liability in with respect thereof thereto. CWA: the Clean Water Act (assuming such Person is required to perform thereunder) as determined by such Person in good faith and (y) the stated amount of such Contingent Obligation33 U.S.C. §§ 1251 et seq.).

Contingent Obligation. As to any Person, means any obligation of such Person as a result of such Person being a general partner of any other Person, unless the underlying obligation is expressly made non-recourse as to such general partner, and any obligation of such Person --------------------- guaranteeing or intended to guarantee in effect guaranteeing any Indebtedness, leases, dividends or other obligations (“"primary obligations”") of any other Person (the “"primary ------------------- ------- obligor”") in any manner, whether directly or indirectly, including, without ------- limitation, any obligation of such Person, whether or not contingent: , (a) to purchase any such primary obligation or any property Property constituting direct or indirect security therefor; , (b) to advance or supply funds (i) for the purchase or payment of any such primary obligation or (ii) to maintain working capital or equity capital of the primary obligor or otherwise to maintain the net worth worth, solvency or solvency other financial statement condition of the primary obligor; , (c) to purchase propertyProperty, securities or services primarily for the purpose of assuring the owner beneficiary or holder of any such primary obligation of the ability of the primary obligor to make payment of such primary obligation; obligation or (d) otherwise to assure assure, protect from loss, or hold harmless the beneficiary or holder of such primary obligation against loss in respect thereof; provided, however, that the term Contingent Obligation shall not include endorsements the indorsement of instruments for deposit or collection in the ordinary course of business. The term Contingent Obligation shall also include the liability of a general partner in respect of the recourse liabilities of the partnership in which it is a general partner. The amount of any Contingent Obligation of a Person shall be deemed to be an amount equal to the lesser of (x) the stated or determinable amount of the primary obligation in respect of which such Contingent Obligation is made or, if not stated or determinable, the maximum reasonably anticipated liability in respect thereof (assuming such Person is required to perform thereunder) as determined by such Person in good faith and (y) the stated amount of such Contingent Obligationfaith.