Common use of Joint and Several Liability and Guaranties Clause in Contracts

Joint and Several Liability and Guaranties. To induce the Lenders to provide the credit described herein and in consideration of benefits expected to accrue to each Guarantor by reason of the Commitments and for other good and valuable consideration, receipt of which is hereby acknowledged, each Subsidiary party hereto and each Subsidiary which executes and delivers a Guaranty (each such Subsidiary being hereinafter referred to individually as a "Guarantor" and collectively as the "Guarantors") hereby unconditionally and irrevocably guarantee jointly and severally to the Agent, the Lenders, their Affiliates and each other holder of any of the Obligations or Hedging Liability, (x) the due and punctual payment of all present and future Obligations, including, but not limited to, the due and punctual payment of principal of and interest on the Loans and Reimbursement Obligations, as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, according to the terms hereof and thereof and (y) the due and punctual payment of all present and future Hedging Liability as and when the same shall become due and payable, whether at its stated maturity, by acceleration or otherwise, according to the terms thereof (the Obligations and Hedging Liability so guaranteed being hereinafter referred to collectively as the "Guaranteed Obligations"). In case of failure by the Borrower punctually to pay any Guaranteed Obligations, each Guarantor hereby unconditionally agrees jointly and severally to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, and as if such payment were made by the Borrower.

Joint and Several Liability and Guaranties. To induce the Lenders to provide the credit described herein and in consideration of benefits expected to accrue to each Guarantor by reason of the Commitments and for other good and valuable consideration, receipt of which is hereby acknowledged, the Parent, each Subsidiary party hereto and each Subsidiary which executes and delivers a Guaranty (the Parent and each such Subsidiary being hereinafter referred to individually as a "Guarantor" and collectively as the "Guarantors") hereby unconditionally and irrevocably guarantee jointly and severally to the Agent, the Lenders, their Affiliates Lenders and each other holder of any of the Obligations or Hedging LiabilityObligations, (x) and each Borrower hereby unconditionally and irrevocably agrees to be jointly and severally liable to the Agent, the Lenders and such holders for, the due and punctual payment of all present and future Obligationsindebtedness of the Borrowers evidenced by or arising out of the Loan Documents, including, but not limited to, the due and punctual payment of principal of and interest on the Loans Notes and Reimbursement Obligations, the due and punctual payment of all other Obligations now or hereafter owed by the Borrowers under the Loan Documents as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, according to the terms hereof and thereof and (y) the due and punctual payment of all present and future Hedging Liability as and when the same shall become due and payable, whether at its stated maturity, by acceleration or otherwise, according to the terms thereof (the Obligations and Hedging Liability so guaranteed being hereinafter referred to collectively as the "Guaranteed Obligations")thereof. In case of failure by the Borrower Borrowers punctually to pay any Guaranteed Obligationsindebtedness or other Obligations guarantied hereby or for which the Borrowers agree hereby to be jointly and severally liable, each Guarantor hereby unconditionally agrees jointly and severally to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, and as if such payment were made by the BorrowerBorrowers.

Joint and Several Liability and Guaranties. To induce the Lenders to provide the credit described herein and in consideration of benefits expected to accrue to each Guarantor by reason of the Commitments and for other good and valuable consideration, receipt of which is hereby acknowledged, each Subsidiary party hereto Company and each Hub Partnership in which 100% of the equity interest is owned, directly or indirectly, on or at any time after the date hereof by one or more of the Companies and each Wholly-Owned Subsidiary and each other member of the Hub Group which executes and delivers a Guaranty Agreement (each the Companies and such Subsidiary other members of the Hub Group being hereinafter referred to individually as a "Guarantor" and collectively as the "Guarantors") hereby unconditionally and irrevocably guarantee jointly and severally to the Agent, the Lenders, their Affiliates Lenders and each other holder of any of the Obligations or Hedging LiabilityObligations, (x) and each Borrower hereby unconditionally and irrevocably agrees to be jointly and severally liable to the Agent, the Lenders and such holders for, the due and punctual payment of all present and future Obligationsindebtedness of the Borrowers evidenced by or arising out of the Loan Documents, including, but not limited to, the due and punctual payment of principal of and interest on the Loans Revolving Credit Notes and Reimbursement Obligations, the due and punctual payment of all other Obligations now or hereafter owed by the Borrowers under the Loan Documents as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, according to the terms hereof and thereof and (y) the due and punctual payment of all present and future Hedging Liability as and when the same shall become due and payable, whether at its stated maturity, by acceleration or otherwise, according to the terms thereof (the Obligations and Hedging Liability so guaranteed being hereinafter referred to collectively as the "Guaranteed Obligations")thereof. In case of failure by the Borrower Borrowers punctually to pay any Guaranteed Obligationsindebtedness or other Obligations guarantied hereby or for which the Borrowers agree hereby to be jointly and severally liable, each Guarantor hereby unconditionally agrees jointly and severally to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, and as if such payment were made by the BorrowerBorrowers.

Joint and Several Liability and Guaranties. To induce the Lenders Bank to provide the credit described herein and in consideration of benefits expected to accrue to each Guarantor by reason of the Commitments Commitment and for other good and valuable consideration, receipt of which is hereby acknowledged, each Subsidiary party hereto Borrower and each Material Subsidiary and each other member of the Hub Group which executes and delivers a Guaranty Agreement (each the Borrowers and such Subsidiary Material Subsidiaries and other members of the Hub Group being hereinafter referred to individually as a "“Guarantor" ” and collectively as the "“Guarantors"”) hereby unconditionally and irrevocably guarantee guaranty jointly and severally to the Agent, the Lenders, their Affiliates Bank and each other holder of any of the Obligations or Hedging LiabilityObligations, (x) and each Borrower hereby unconditionally and irrevocably agrees to be jointly and severally liable to the Bank and such holders for, the due and punctual payment of all present and future ObligationsObligations (collectively, including, but not limited to, the due and punctual payment of principal of and interest on the Loans and Reimbursement Obligations, “Guarantied Liabilities”) as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, according to the terms hereof and thereof and (y) the due and punctual payment of all present and future Hedging Liability as and when the same shall become due and payable, whether at its stated maturity, by acceleration or otherwise, according to the terms thereof (the Obligations and Hedging Liability so guaranteed being hereinafter referred to collectively as the "Guaranteed Obligations")thereof. In case of failure by the Borrower Borrowers punctually to pay any Guaranteed ObligationsGuarantied Liabilities guarantied hereby or for which the Borrowers agree hereby to be jointly and severally liable, each Guarantor hereby unconditionally agrees jointly and severally to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, and as if such payment were made by the BorrowerBorrowers.

Joint and Several Liability and Guaranties. To induce the Lenders to provide the credit described herein and in consideration of benefits expected to accrue to each Guarantor by reason of the Term Commitments and for other good and valuable consideration, receipt of which is hereby acknowledged, each Subsidiary Borrower, each Hub Partnership party hereto and each Hub Partnership in which 100% of the equity interest is owned on or at any time after the date hereof by one or more of the Borrowers and each Wholly-Owned Subsidiary and each other member of the Hub Group which executes and delivers a Guaranty Agreement (each the Borrowers and such Subsidiary Hub Partnerships, Subsidiaries and other members of the Hub Group being hereinafter referred to individually as a "GuarantorGUARANTOR" and collectively as the "GuarantorsGUARANTORS") hereby unconditionally and irrevocably guarantee jointly and severally to the Agent, the Lenders, their Affiliates Lenders and each other holder of any of the Obligations or Hedging LiabilityObligations, (x) and each Borrower hereby unconditionally and irrevocably agrees to be jointly and severally liable to the Agent, the Lenders and such holders for, the due and punctual payment of all present and future ObligationsObligations and Hedging Liability (collectively, including, but not limited to, the due and punctual payment of principal of and interest on the Loans and Reimbursement Obligations, "GUARANTEED LIABILITIES") as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, according to the terms hereof and thereof and (y) the due and punctual payment of all present and future Hedging Liability as and when the same shall become due and payable, whether at its stated maturity, by acceleration or otherwise, according to the terms thereof (the Obligations and Hedging Liability so guaranteed being hereinafter referred to collectively as the "Guaranteed Obligations")thereof. In case of failure by the Borrower Borrowers punctually to pay any Guaranteed ObligationsLiabilities guarantied hereby or for which the Borrowers agree hereby to be jointly and severally liable, each Guarantor hereby unconditionally agrees jointly and severally to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, and as if such payment were made by the BorrowerBorrowers.

Joint and Several Liability and Guaranties. To induce the Lenders Bank to provide the credit described herein and in consideration of benefits expected to accrue to each Guarantor by reason of the Commitments Commitment and for other good and valuable consideration, receipt of which is hereby acknowledged, each Subsidiary party hereto Borrower and each Material Subsidiary and each other member of the Hub Group which executes and delivers a Guaranty Agreement (each the Borrowers and such Subsidiary Material Subsidiaries and other members of the Hub Group being hereinafter referred to individually as a "“Guarantor" ” and collectively as the "“Guarantors"”) hereby unconditionally and irrevocably guarantee jointly and severally to the Agent, the Lenders, their Affiliates Bank and each other holder of any of the Obligations or Hedging LiabilityObligations, (x) and each Borrower hereby unconditionally and irrevocably agrees to be jointly and severally liable to the Bank and such holders for, the due and punctual payment of all present and future ObligationsObligations (collectively, including, but not limited to, the due and punctual payment of principal of and interest on the Loans and Reimbursement Obligations, “Guaranteed Liabilities”) as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, according to the terms hereof and thereof and (y) the due and punctual payment of all present and future Hedging Liability as and when the same shall become due and payable, whether at its stated maturity, by acceleration or otherwise, according to the terms thereof (the Obligations and Hedging Liability so guaranteed being hereinafter referred to collectively as the "Guaranteed Obligations")thereof. In case of failure by the Borrower Borrowers punctually to pay any Guaranteed ObligationsLiabilities guarantied hereby or for which the Borrowers agree hereby to be jointly and severally liable, each Guarantor hereby unconditionally agrees jointly and severally to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, and as if such payment were made by the BorrowerBorrowers.

Joint and Several Liability and Guaranties. To induce the Lenders to provide the credit described herein and in consideration of benefits expected to accrue to each Guarantor by reason of the Commitments and for other good and valuable consideration, receipt of which is hereby acknowledged, each Subsidiary Borrower, each Hub Partnership party hereto and each Hub Partnership in which 100% of the equity interest is owned on or at any time after the date hereof by one or more of the Borrowers and each Wholly-Owned Subsidiary and each other member of the Hub Group which executes and delivers a Guaranty Agreement (each the Borrowers and such Subsidiary Hub Partnerships, Subsidiaries and other members of the Hub Group being hereinafter referred to individually as a "GuarantorGUARANTOR" and collectively as the "GuarantorsGUARANTORS") hereby unconditionally and irrevocably guarantee jointly and severally to the Agent, the Lenders, their Affiliates Lenders and each other holder of any of the Obligations or and Hedging Liability, (x) and each Borrower hereby unconditionally and irrevocably agrees to be jointly and severally liable to the Agent, the Lenders and such holders for, the due and punctual payment of all present and future ObligationsObligations and Hedging Liability (collectively, including, but not limited to, the due and punctual payment of principal of and interest on the Loans and Reimbursement Obligations, "GUARANTEED LIABILITIES") as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, according to the terms hereof and thereof and (y) the due and punctual payment of all present and future Hedging Liability as and when the same shall become due and payable, whether at its stated maturity, by acceleration or otherwise, according to the terms thereof (the Obligations and Hedging Liability so guaranteed being hereinafter referred to collectively as the "Guaranteed Obligations")thereof. In case of failure by the Borrower Borrowers punctually to pay any Guaranteed ObligationsLiabilities guarantied hereby or for which the Borrowers agree hereby to be jointly and severally liable, each Guarantor hereby unconditionally agrees jointly and severally to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, and as if such payment were made by the BorrowerBorrowers.

Joint and Several Liability and Guaranties. To induce the Lenders to provide the credit described herein and in consideration of benefits expected to accrue to each Guarantor by reason of the Commitments and for other good and valuable consideration, receipt of which is hereby acknowledged, each Subsidiary party hereto and each Subsidiary which executes and delivers a Guaranty (each such Subsidiary being hereinafter referred to individually as a "GuarantorGUARANTOR" and collectively as the "GuarantorsGUARANTORS") hereby unconditionally and irrevocably guarantee jointly and severally to the Agent, the Lenders, their Affiliates and each other holder of any of the Obligations or Hedging Liability, (x) the due and punctual payment of all present and future Obligations, including, but not limited to, the due and punctual payment of principal of and interest on the Loans and Reimbursement Obligations, as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, according to the terms hereof and thereof and (y) the due and punctual payment of all present and future Hedging Liability as and when the same shall become due and payable, whether at its stated maturity, by acceleration or otherwise, according to the terms thereof (the Obligations and Hedging Liability so guaranteed being hereinafter referred to collectively as the "Guaranteed ObligationsGUARANTEED OBLIGATIONS"). In case of failure by the Borrower punctually to pay any Guaranteed Obligations, each Guarantor hereby unconditionally agrees jointly and severally to make such payment or to cause such payment to be made punctually as and when the same shall become due and payable, whether at stated maturity, by acceleration or otherwise, and as if such payment were made by the Borrower.