Common use of Commodity Exchange Act Keepwell Provisions Clause in Contracts

Commodity Exchange Act Keepwell Provisions. The Borrower hereby absolutely, unconditionally and irrevocably undertakes to provide to each other Credit Party such funds or other support as may be needed from time to time by such Credit Party in order for such Credit Party to honor its Obligations with respect to Swap Agreements, whether such Swap Agreements are entered into directly by such Credit Party or are guaranteed under the Guaranty and Collateral Agreement (provided, however, that the Borrower shall only be liable under this Section 8.16 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 8.16, or otherwise under this Agreement or any Loan Document, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations of the Borrower under this Section 8.16 shall remain in full force and effect until this Agreement is terminated in accordance with its terms. The Borrower intends that this Section 8.16 constitute a “keepwell, support, or other agreement” for the benefit of each Restricted Subsidiary for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Commodity Exchange Act Keepwell Provisions. The Borrower hereby guarantees the payment and performance of all Secured Obligations of each other Loan Party and absolutely, unconditionally and irrevocably undertakes to provide to each other Credit Party such funds or other support as may be needed from time to time by each such Credit other Loan Party in order for such Credit other Loan Party to honor its Obligations obligations under the Guaranty including obligations with respect to Swap Agreements, whether such Swap Agreements are entered into directly by such Credit Party or are guaranteed under the Guaranty and Collateral Agreement Rate Management Transactions (provided, however, that the Borrower shall only be liable under this Section 8.16 6.25 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 8.166.25, 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 the Borrower under this Section 8.16 6.25 shall remain in full force and effect until this Agreement is terminated in accordance with its termsterminated. The Borrower intends that this Section 8.16 constitute 6.25 constitute, and this Section 6.25 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each Restricted Subsidiary other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Commodity Exchange Act Keepwell Provisions. The Borrower hereby absolutely, unconditionally and irrevocably undertakes to provide to each other Credit Party Guarantor such funds or other support as may be needed from time to time by such Credit Party Guarantor in order for such Credit Party Guarantor to honor its Obligations with respect to Swap Agreements, whether such Swap Agreements are entered into directly by such Credit Party Guarantor or are guaranteed under the Guaranty and Collateral Agreement (provided, however, that the Borrower shall only be liable under this Section 8.16 8.17 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 8.168.17, or otherwise under this Agreement or any Loan Document, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations of the Borrower under this Section 8.16 8.17 shall remain in full force and effect until this Agreement is terminated in accordance with its terms. The Borrower intends that this Section 8.16 8.17 constitute a “keepwell, support, or other agreement” for the benefit of each Restricted Subsidiary Guarantor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.