Common use of Keepwell Agreement Clause in Contracts

Keepwell Agreement. Each Guarantor that is a Qualified ECP Guarantor hereby jointly and severally, absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by any other Guarantor to permit such other Guarantor to honor all of its obligations under this Guaranty in respect of Swap Obligations; provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 2.6 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 2.6, or otherwise under this Agreement (including Section 2.1(b) and 2.2), as they relate to such Qualified ECP Guarantor, 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 2.6 shall remain in force and effect until the Discharge of Obligations. Each Qualified ECP Guarantor intends that this Section 2.6 constitute, and this Section 2.6 shall be deemed to constitute, a “keepwell, support, 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.

Keepwell Agreement. Each Guarantor that is a Qualified ECP Guarantor hereby jointly and severally, severally absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by any other Guarantor to permit such each other Guarantor to honor all of its obligations under this Guaranty in respect of Swap Obligations; Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 2.6 22 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 2.6, 22 or otherwise under this Agreement (including Section 2.1(b) and 2.2), as they relate to such Qualified ECP Guarantor, Guaranty 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 2.6 22 shall remain in full force and effect until the Discharge of Obligationsthis Guaranty is terminated, or such Qualified ECP Guarantor is released from its obligations hereunder, in either case in accordance with Section 19. Each Qualified ECP Guarantor intends that this Section 2.6 22 constitute, and this Section 2.6 22 shall be deemed to constitute, a “keepwell, support, 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.

Keepwell Agreement. Each Guarantor that is a Qualified ECP Guarantor hereby Guarantor, jointly and severally, hereby absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by any other Guarantor to permit such other Guarantor hereunder to honor all of its such Guarantor’s obligations under this Guaranty Guarantee in respect of Swap Obligations; Contracts (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 2.6 Clause 2.9 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 2.6Clause 2.9, or otherwise under this Agreement (including Section 2.1(b) and 2.2), as they relate to such Qualified ECP GuarantorGuarantee, voidable under applicable law, including 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 2.6 Clause 2.9 shall remain in full force and effect until all of the Discharge of ObligationsGuaranteed Obligations and all other amounts payable under this Guarantee shall have been paid in full. Each Qualified ECP Guarantor intends that this Section 2.6 Clause 2.9 constitute, and this Section 2.6 Clause 2.9 shall be deemed to constitute, a “keepwell, support, 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.