Common use of ECP RULES Clause in Contracts

ECP RULES. Notwithstanding anything to the contrary herein or in any other Loan Document, the Guarantor hereunder shall not be deemed to be a guarantor of any Obligations with respect to Swap Agreements if the Guarantor is not an “Eligible Contract Participant” as defined in § 1(a)(18) of the Commodity Exchange Act and the applicable rules issued by the Commodity Futures Trading Commission and/or the Securities and Exchange Commission (collectively, and as now or hereafter in effect, “the ECP Rules”) to the extent that the providing of such guaranty by the Guarantor would violate the ECP Rules or any other applicable law or regulation.

ECP RULES. Notwithstanding anything to the contrary herein or in any other Loan Document, the Guarantor hereunder shall not be deemed to be a guarantor of any Guaranteed Obligations with respect to Swap Agreements if the Guarantor is not an “Eligible Contract Participant” as defined in § 1(a)(18) of the Commodity Exchange Act and the applicable rules issued by the Commodity Futures Trading Commission and/or the Securities and Exchange Commission (collectively, and as now or hereafter in effect, “the ECP Rules”) to the extent that the providing of such guaranty by the Guarantor would violate the ECP Rules or any other applicable law or regulation.

ECP RULES. Notwithstanding anything to the contrary herein or in any other Loan Document, the each Guarantor hereunder shall not be deemed to be a guarantor of any Obligations with respect to Swap Agreements if the such Guarantor is not an “Eligible Contract Participant” as defined in § 1(a)(18) of the Commodity Exchange Act and the applicable rules issued by the Commodity Futures Trading Commission and/or the Securities and Exchange Commission (collectively, and as now or hereafter in effect, “the ECP Rules”) to the extent that the providing of such guaranty by the such Guarantor would violate the ECP Rules or any other applicable law or regulation.