Common use of Borrowings and Guaranties Clause in Contracts

Borrowings and Guaranties. Without the prior written consent of Lender, Borrower shall not issue, incur, assume, create or have outstanding any indebtedness for borrowed money, or be or become liable as endorser, guarantor, surety or otherwise for any debt, obligation or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or otherwise assure a creditor of another against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of another, or subordinate (other than in the ordinary course of business) any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent: (a) the Obligations of Borrower to Lender; (b) obligations arising in connection with Permitted Liens; (c) accounts payable liabilities incurred in the ordinary course of business; and (d) such other obligations as may be permitted by Lxxxxx in writing.

Borrowings and Guaranties. Without the prior written consent of Lender, Borrower shall not issue, incur, assume, create or have outstanding any indebtedness for borrowed money, or be or become liable as endorser, guarantor, surety or otherwise for any debt, obligation or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or otherwise assure a creditor of another against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of another, or subordinate (other than in the ordinary course of business) any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent: (a) the Obligations and any Hedging Arrangements of Borrower to Lender; (b) endorsement of items for deposit or collection of commercial paper received in the ordinary course of business; (c) obligations arising in connection with Permitted Liens; (c) accounts payable liabilities incurred in the ordinary course of business; andor (d) such other obligations as may be permitted by Lxxxxx unsecured indebtedness up to One Hundred Thousand and 00/100 Dollars ($100,000.00) in writingthe aggregate outstanding at any one time.

Borrowings and Guaranties. Without the prior written consent of Lender, Borrower shall not not, nor shall it permit any Subsidiary (other than any Affiliated Entity or Project Specific JV constituting, in either case, an Excluded Subsidiary) to, issue, incur, assume, create or have outstanding any indebtedness Indebtedness for borrowed moneyBorrowed Money, incur, create or have outstanding other contingent obligations (including earn- outs) or incur liabilities for interest rate, currency, or commodity cap, collar, swap, or similar hedging arrangements, or be or become liable as endorser, guarantor, surety or otherwise for any debt, obligation or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or supply funds thereto or invest therein or otherwise assure a creditor of another against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of another, or subordinate (other than in the ordinary course of business) any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent: : (a) the Obligations Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability of Borrower and its Subsidiaries owing to LenderAdministrative Agent and the Lenders (and their Affiliates), including any extensions, refinancings, modifications, amendments and restatements thereof; (b) obligations arising in connection with Permitted Liens; (c) accounts payable liabilities incurred in the ordinary course of business; and (d) such other obligations as may be permitted by Lxxxxx in writing.

Borrowings and Guaranties. Without the prior written consent of Lender, The Borrower shall not issue, incur, assume, create or have outstanding any indebtedness for borrowed moneyIndebtedness, or be or become liable as endorser, guarantor, surety or otherwise for any debt, obligation Indebtedness or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or supply funds thereto or invest therein or otherwise assure a creditor of another against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of another, or subordinate (other than in the ordinary course of business) any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent: (a) the Secured Obligations (and any guarantees of such obligations) of the Borrower owing to Lenderthe Bank (and its Affiliates); (b) obligations arising intercompany advances from time to time owing between the Loan Parties, in connection with Permitted Liens; (c) accounts payable liabilities incurred each case, in the ordinary course of business; (c) any guarantee or financial assistance by the Borrower to any of its shareholders, officers, employees, related companies, commercial entities or any other Person but only up to an aggregate amount not exceeding CDN$5,000,000 at any time; and (d) such other obligations as may be permitted Indebtedness secured by Lxxxxx in writingPermitted Liens.

Borrowings and Guaranties. Without the prior written consent of Lender, The Borrower shall not issue, incur, assume, create create, or have outstanding any indebtedness Indebtedness for borrowed moneyBorrowed Money, or be or become liable as endorser, guarantor, surety surety, or otherwise for any debt, obligation obligation, or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or supply funds thereto or invest therein or otherwise assure a creditor of another Person against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of Person another, or subordinate (other than in the ordinary course of business) any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent: (a) the Obligations of the Borrower owing to Lenderthe Bank under the Loan Documents and other indebtedness and obligations of the Borrower owing to the Bank; (b) obligations arising in connection with Permitted Liens; (c) accounts payable liabilities incurred endorsement of items for deposit or collection of commercial paper received in the ordinary course of business; (c) indebtedness to the Surety Policy Provider in connection with the Insurance Agreement; and (d) such other obligations as may be Debt not otherwise permitted by Lxxxxx in writinghereby, provided that the aggregate principal amount thereof shall not exceed $200,000.

Borrowings and Guaranties. Without the prior written consent of Lender, The Borrower shall not not, nor shall it permit any Subsidiary to, issue, incur, assume, create create, or have outstanding any indebtedness Indebtedness for borrowed moneyBorrowed Money, or be or become liable as endorser, guarantor, surety surety, or otherwise for any debt, obligation obligation, or undertaking of any other Person, or otherwise agree to provide funds for payment of the obligations of another, or supply funds thereto or invest therein or otherwise assure a creditor of another against loss, or apply for or become liable to the issuer of a letter of credit which supports an obligation of another, or subordinate (other than in the ordinary course of business) any claim or demand it may have to the claim or demand of any other Person; provided, however, that the foregoing shall not restrict nor operate to prevent: (a) the Obligations of the Borrower and its Subsidiaries owing to Lenderthe Bank under the Loan Documents and other indebtedness and obligations of such Persons owing to the Bank; (b) obligations arising purchase money indebtedness and Capitalized Lease Obligations of the Borrower and its Subsidiaries in connection with Permitted Liensan amount not to exceed $ in the aggregate at any one time outstanding; (c) accounts payable liabilities incurred endorsement of items for deposit or collection of commercial paper received in the ordinary course of business; and; (d) such other obligations as may Non-Recourse Debt consented to in writing by the Bank (not to be permitted by Lxxxxx in writing.unreasonably withheld);