Common use of Cross-Guaranty Clause in Contracts

Cross-Guaranty. Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably guarantees the obligations of each Guarantor under this guarantee in respect of any Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 2.8 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 2.8, or otherwise under this guarantee, 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 2.8 shall remain in full force and effect until the Termination Date. Each Qualified ECP Guarantor intends that this Section 2.8 constitute, and this Section 2.8 shall be deemed to constitute, a “guarantee or other agreement” for the benefit of each other Guarantor for all purposes of section 1a(18)(A)(v)(II) of the Commodity Exchange Act.”

Appears in 2 contracts

Samples: Credit Agreement (Generac Holdings Inc.), Guarantee and Collateral Agreement (Generac Holdings Inc.)

AutoNDA by SimpleDocs

Cross-Guaranty. Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably guarantees the obligations of each Guarantor under this guarantee in respect of any Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 2.8 2.7 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 2.82.7, or otherwise under this guarantee, 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 2.8 2.7 shall remain in full force and effect until the Termination Date. Each Qualified ECP Guarantor intends that this Section 2.8 2.7 constitute, and this Section 2.8 2.7 shall be deemed to constitute, a “guarantee or other agreement” for the benefit of each other Guarantor for all purposes of section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Tuesday Morning Corp/De)

Cross-Guaranty. Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably guarantees the undertakes to provide such funds or other support as may be needed from time to time by each other Guarantor to honor all of its obligations of each Guarantor under this guarantee Agreement in respect of any Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 2.8 2.07 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 2.82.07, or otherwise under this guaranteeAgreement, 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 2.8 shall remain in full force and effect until the Termination Date. Each Qualified ECP Guarantor intends that this Section 2.8 2.07 constitute, and this Section 2.8 2.07 shall be deemed to constitute, a an guarantee or other agreement” for the benefit of each other Guarantor Grantor for all purposes of section Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.”

Appears in 1 contract

Samples: Credit Agreement (Walter Energy, Inc.)

AutoNDA by SimpleDocs

Cross-Guaranty. Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably guarantees the obligations of each Guarantor under this guarantee in respect of any Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 2.8 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 2.8, or otherwise under this guarantee, 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 2.8 shall remain in full force and effect until the Termination Date. Each Qualified ECP Guarantor intends that this Section 2.8 constitute, and this Section 2.8 shall be deemed to constitute, constitute a guarantee or other agreement” agreement for the benefit of each other Guarantor for all purposes of section 1a(18)(A)(v)(II) of the Commodity Exchange Act.”

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Generac Holdings Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!