Common use of Keepwell Clause in Contracts

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 constitute, and this Section 10.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 71 contracts

Samples: Credit Agreement (Flowco Holdings Inc.), Credit Agreement (CompoSecure, Inc.), Credit Agreement (Vital Farms, Inc.)

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Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 9.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 9.13 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 9.13 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 9.13 constitute, and this Section 10.13 9.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 21 contracts

Samples: Credit Agreement (FIGS, Inc.), Credit Agreement (CRAWFORD UNITED Corp), Credit Agreement (Harmonic Inc)

Keepwell. Each 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 each other Loan Party Guarantor to honor all of its obligations under this Guarantee in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 constitute, and this Section 10.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 13 contracts

Samples: Credit Agreement (Potbelly Corp), Credit Agreement (CRH Medical Corp), Credit Agreement (Potbelly Corp)

Keepwell. 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 each other Loan Party to honor all of its obligations under this Guarantee Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 12.10 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 12.10, or otherwise under this Loan Guaranty Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Guarantor that is a Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap ObligationsGuarantied Obligations have been paid in full in cash. Each Guarantor that is a Qualified ECP Guarantor intends that this Section 10.13 12.10 constitute, and this Section 10.13 12.10 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 13 contracts

Samples: Term Loan Credit Agreement (Key Tronic Corp), Credit Agreement (Key Tronic Corp), Credit Agreement (Matrix Service Co)

Keepwell. Each 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 each other Specified Loan Party to honor all of its such Specified Loan Party’s obligations under this Guarantee Agreement and the other Loan Documents in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.8 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.8 or otherwise under this Loan Guaranty Agreement voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 10.8 shall remain in full force and effect until the termination of all Swap ObligationsObligations have been indefeasibly paid and performed in full. Each Qualified ECP Guarantor intends that this Section 10.13 10.8 constitute, and this Section 10.13 10.8 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Specified Loan Party for all purposes of Section 1a(18)(A)(v)(IIla(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 13 contracts

Samples: Credit Agreement (OneWater Marine Inc.), Credit Agreement (Molina Healthcare, Inc.), Credit Agreement (OneWater Marine Inc.)

Keepwell. Each 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 each other Loan Party Guarantor to honor all of its obligations under this Guarantee Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 11.12 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 11.12, or otherwise under this Loan Guaranty Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 11.12 shall remain in full force and effect until the termination release of all Swap Obligationsthis Guaranty under Section 9.09(b)(ii). Each Qualified ECP Guarantor intends that this Section 10.13 11.12 constitute, and this Section 10.13 11.12 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Guarantor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 12 contracts

Samples: Credit Agreement (Entercom Communications Corp), Credit Agreement (Meredith Corp), Credit Agreement (Time Inc.)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee the Facility Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.25 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.25, or otherwise under this Loan Guaranty the Facility Guaranty, voidable under applicable law Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until payment in full of the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 10.25 constitute, and this Section 10.13 10.25 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 11 contracts

Samples: Credit Agreement (KOHLS Corp), Credit Agreement (Tilly's, Inc.), Credit Agreement (Childrens Place, Inc.)

Keepwell. Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally unconditionally, and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Loan Party to honor all of its obligations under this Guarantee Guaranty in respect of a any Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 11.11 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 11.11, or otherwise under this Loan Guaranty Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 11.11 shall remain in full force and effect until the termination payment in full and discharge of all Swap the Guaranteed Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 11.11 constitute, and this Section 10.13 11.11 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Guarantor for all purposes of Section section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 11 contracts

Samples: Term Loan Credit Agreement (BRP Inc.), First Lien Credit Agreement (Portillo's Inc.), Second Lien Credit Agreement (Portillo's Inc.)

Keepwell. Each Loan Party 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 each other Loan Party to honor all of its obligations under this Guarantee its Guaranty and the other Loan Documents in respect of a such Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.22 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.22, or otherwise under this Loan Guaranty its Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap ObligationsSecured Obligations have been paid and performed in full. Each Qualified ECP Guarantor intends that this Section 10.13 10.22 to constitute, and this Section 10.13 10.22 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 11 contracts

Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)

Keepwell. Each 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 each other Loan Party or Loan Guarantor to honor all of its obligations under this Guarantee in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 constitute, and this Section 10.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 11 contracts

Samples: Credit Agreement (ExlService Holdings, Inc.), Credit Agreement (ExlService Holdings, Inc.), Credit Agreement (Integral Ad Science Holding Corp.)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee Agreement in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 9.19 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 9.19, or otherwise under this Loan Guaranty Agreement, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 9.19 shall remain in full force and effect until the termination satisfaction and discharge of all Swap Guaranteed Obligations. Each The U.S. Borrower and each Qualified ECP Guarantor intends that this Section 10.13 9.19 constitute, and this Section 10.13 9.19 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of the U.S. Borrower and each other Loan Party Qualified ECP Guarantor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 10 contracts

Samples: Credit Agreement (Vestis Corp), Credit Agreement (Vestis Corp), Credit Agreement

Keepwell. Each 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 each other Loan Credit Party to honor all of its obligations under the Guaranty under this Guarantee Article X in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.10 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.10, or otherwise under the Guaranty under this Loan Guaranty Article X, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap Obligationsthis Agreement or the release of such Guarantor in accordance with Section 8.11. Each Qualified ECP Guarantor intends that this Section 10.13 10.10 constitute, and this Section 10.13 10.10 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Credit Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 9 contracts

Samples: Credit Agreement (Smurfit WestRock PLC), Credit Agreement (WestRock Co), Credit Agreement (WestRock Co)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee the Facility Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.24 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.24, or otherwise under this Loan Guaranty the Facility Guaranty, voidable under applicable law Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until payment in full of the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 10.24 constitute, and this Section 10.13 10.24 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 9 contracts

Samples: Credit Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Tilly's, Inc.), Credit Agreement (Abercrombie & Fitch Co /De/)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee Section 7.01 in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 7.11 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 7.11, or otherwise under this Loan Guaranty Section 7.01, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 7.11 shall remain in full force and effect until the termination a discharge of all Swap Guaranteed Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 7.11 constitute, and this Section 10.13 7.11 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 9 contracts

Samples: Credit Agreement (International Seaways, Inc.), Credit Agreement (International Seaways, Inc.), Credit Agreement (Layne Christensen Co)

Keepwell. Each 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 each other Loan Party Guarantor to honor all of its obligations under this Guarantee Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 11.12 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 11.12, or otherwise under this Loan Guaranty Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 11.12 shall remain in full force and effect until the termination release of all Swap Obligationsthis Guaranty under Section 9.09(b)(ii). Each Qualified ECP Guarantor intends that this Section 10.13 11.12 constitute, and this Section 10.13 11.12 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Guarantor for all purposes of Section 1a(18)(A)(v)(II1 a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 8 contracts

Samples: Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (Uniti Group Inc.)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 7.17 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 7.17, or otherwise under this Loan Guaranty Article VII, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap Commitments and the repayment in full of all outstanding Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 7.17 constitute, and this Section 10.13 7.17 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 8 contracts

Samples: Refinancing Amendment to Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)

Keepwell. Each Loan Party 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 each other Loan Party to honor all of its obligations under this Guarantee its Guaranty and the other Loan Documents in respect of a such Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.22 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.22, or otherwise under this Loan Guaranty its Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap ObligationsSecured Obligations have been paid and performed in full. Each Qualified ECP Guarantor intends that this Section 10.13 10.22 to constitute, and this Section 10.13 10.22 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 8 contracts

Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee Loan Guaranty in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 constitute, and this Section 10.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 8 contracts

Samples: Credit Agreement (Clarus Corp), Credit Agreement (Farmer Brothers Co), Credit Agreement (Clarus Corp)

Keepwell. Each 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 each other Loan Party Guarantor to honor all of its obligations under this Guarantee Section 11 in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 11.10 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 11.10, or otherwise under this Loan Guaranty Section, voidable under applicable law Legal Requirements relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 11.10 shall remain in full force and effect until the termination of all Swap Obligationsdischarged in accordance with Section 11.3. Each Qualified ECP Guarantor intends that this Section 10.13 11.10 constitute, and this Section 10.13 11.10 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Guarantor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 8 contracts

Samples: Credit Agreement (Limbach Holdings, Inc.), Credit Agreement (Delek Logistics Partners, LP), Credit Agreement (Limbach Holdings, Inc.)

Keepwell. Each 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 each other Loan Credit Party to honor all of its obligations under this Guarantee any Credit Document in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 8.18 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 8.18 or otherwise under this Loan Guaranty any Credit Document voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 8.18 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 8.18 constitute, and this Section 10.13 8.18 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Credit Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 7 contracts

Samples: Credit Agreement (NGL Energy Partners LP), Credit Agreement (KLX Energy Services Holdings, Inc.), Credit Agreement (NGL Energy Partners LP)

Keepwell. Each Qualified ECP Guarantor Keepwell Provider hereby jointly and severally absolutely, unconditionally unconditionally, and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Loan Party to honor all of its obligations under this Guarantee guarantee in respect of a Swap any Hedging Obligation (provided, however, that each Qualified ECP Guarantor Keepwell Provider shall only be liable under this Section 10.13 3.11 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 3.11, or otherwise under this Loan Guaranty guarantee, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor Keepwell Provider under this Section 10.13 3.11 shall remain in full force and effect until the payment and satisfaction in full of all Guaranteed Obligations and the expiration and termination of all Swap Obligationsthe Commitments of the Lenders under this Agreement. Each Qualified ECP Guarantor Keepwell Provider intends that this Section 10.13 3.11 constitute, and this Section 10.13 3.11 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 7 contracts

Samples: Credit Agreement (Cars.com Inc.), Credit Agreement (Cars.com Inc.), Credit Agreement (Douglas Dynamics, Inc)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 constitute, and this Section 10.13 shall be deemed to constitute, a "keepwell, support, or other agreement" for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 7 contracts

Samples: Credit Agreement (Haynes International Inc), Credit Agreement (HF Foods Group Inc.), Credit Agreement (HF Foods Group Inc.)

Keepwell. Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally unconditionally, and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Loan Party to honor all of its obligations under this Guarantee in respect of a any Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 11.17 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 11.17, or otherwise under this Loan Guaranty Guarantee, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 11.17 shall remain in full force and effect until the termination payment in full and discharge of all Swap the Guaranteed Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 11.17 constitute, and this Section 10.13 11.17 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Guarantor for all purposes of Section section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 6 contracts

Samples: Credit Agreement (Trinseo PLC), Credit Agreement (Trinseo S.A.), Credit Agreement (Trinseo S.A.)

Keepwell. Each 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 each other Loan Party or Loan Guarantor to honor all of its obligations under this Guarantee Loan Guaranty in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 or otherwise under this Loan Guaranty Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 constitute, and this Section 10.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 6 contracts

Samples: Credit Agreement (Medifast Inc), Credit Agreement (Flywire Corp), Credit Agreement (Flywire Corp)

Keepwell. Each 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 each other Loan Party Guarantor to honor all of its obligations under this Guarantee Guaranty in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.11 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.11 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 10.11 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 10.11 constitute, and this Section 10.13 10.11 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Credit Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 6 contracts

Samples: Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.)

Keepwell. Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally unconditionally, and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Loan Party or Guarantor to honor all of its obligations under this Guarantee Guaranty in respect of a any Swap Obligation (provided, however, provided that each Qualified ECP Guarantor shall only be liable under this Section 10.13 11.11 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 11.11, or otherwise under this Loan Guaranty Guaranty, voidable under applicable law Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 11.11 shall remain in full force and effect until the termination payment in full and discharge of all Swap the Guaranteed Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 11.11 constitute, and this Section 10.13 11.11 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Guarantor for all purposes of Section section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 6 contracts

Samples: Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.), Additional Facility Joinder Agreement (Liberty Latin America Ltd.)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee the Guaranty in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.08 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.08 or otherwise under the Guaranty under this Loan Guaranty Article X voidable under applicable law Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided hereinherein (including Section 10.07), the obligations of each Qualified ECP Guarantor under this Section 10.13 10.08 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 10.08 constitute, and this Section 10.13 10.08 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 6 contracts

Samples: Credit Agreement (Phinia Inc.), Credit Agreement (Phinia Inc.), Credit Agreement (Atmus Filtration Technologies Inc.)

Keepwell. Each 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 each other Loan Party Guarantor to honor all of its obligations under this Guarantee in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 constitute, and this Section 10.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 6 contracts

Samples: Credit Agreement (Unisys Corp), Credit Agreement (Roblox Corp), Credit Agreement (Unisys Corp)

Keepwell. Each The Borrower, to the extent it is a Qualified ECP Guarantor 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 each any other Loan Party to honor all of its obligations under this Guarantee Article IX in respect of a Swap Obligation Designated Hedge Agreements (provided, however, that each Qualified ECP Guarantor the Borrower shall only be liable under this Section 10.13 9.08 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 9.08, or otherwise under this Loan Guaranty Article IX, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor the Borrower under this Section 10.13 9.08 shall remain in full force and effect until payment in full of all of the Obligations and the termination of all Swap Obligationsthe Commitments hereunder. Each Qualified ECP Guarantor The Borrower intends that this Section 10.13 9.08 constitute, and this Section 10.13 9.08 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 5 contracts

Samples: Term Loan Agreement (Cooper Companies, Inc.), Loan Agreement (Cooper Companies, Inc.), Loan Agreement (Cooper Companies, Inc.)

Keepwell. Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally unconditionally, and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Loan Party to honor all of its obligations under this Guarantee Guaranty in respect of a any Swap Obligation (provided, however, provided that each Qualified ECP Guarantor shall only be liable under this Section 10.13 11.11 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 11.11, or otherwise under this Loan Guaranty Guaranty, voidable under applicable law Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 11.11 shall remain in full force and effect until the termination payment in full and discharge of all Swap the Guaranteed Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 11.11 constitute, and this Section 10.13 11.11 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Guarantor for all purposes of Section section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 5 contracts

Samples: Credit Agreement (Liberty Latin America Ltd.), Additional Facility Joinder Agreement (Liberty Latin America Ltd.), Extension Amendment (Liberty Latin America Ltd.)

Keepwell. Each Qualified ECP Guarantor that is party hereto 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 each any other Loan Party Guarantor to honor all of its obligations under this Guarantee Guaranty in respect of a Swap Obligation Obligations (provided, however, that each such Qualified ECP Guarantor shall only be liable under this Section 10.13 18 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 18, or otherwise under this Loan Guaranty Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided hereinSubject to the provisions of Section 21, the obligations of each such Qualified ECP Guarantor under this Section 10.13 18 shall remain in full force and effect until a discharge of the termination of all Swap Guaranteed Obligations. Each such Qualified ECP Guarantor intends that this Section 10.13 18 constitute, and this Section 10.13 18 shall be deemed to constitute, a “keepwell, support, support or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 5 contracts

Samples: Credit Agreement (Host Hotels & Resorts L.P.), Credit Agreement (Host Hotels & Resorts L.P.), Credit Agreement (Host Hotels & Resorts, Inc.)

Keepwell. Each The Borrower, to the extent it is a Qualified ECP Guarantor 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 each other Loan Party the Borrower to honor all of its obligations under this Guarantee Article X in respect of a Swap Obligation Designated Hedge Agreements (provided, however, that each Qualified ECP Guarantor the Borrower shall only be liable under this Section 10.13 10.08 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.08, or otherwise under this Loan Guaranty Article X, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor the Borrower under this Section 10.13 10.08 shall remain in full force and effect until payment in full of all of the Obligations and the termination of all Swap Obligationsthe Commitments hereunder. Each Qualified ECP Guarantor The Borrower intends that this Section 10.13 10.08 constitute, and this Section 10.13 10.08 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Credit Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 5 contracts

Samples: Credit Agreement (DigitalOcean Holdings, Inc.), Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 9.10 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 9.10, or otherwise under this Loan Guaranty Guarantee, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination a discharge of all Swap Guaranteed Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 9.10 constitute, and this Section 10.13 9.10 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 5 contracts

Samples: First Lien Credit and Guarantee Agreement (Janus International Group, Inc.), Abl Credit and Guarantee Agreement (Janus International Group, Inc.), Abl Credit and Guarantee Agreement (Janus International Group, Inc.)

Keepwell. Each Qualified ECP Guarantor Borrower 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 each other Loan Party Borrower to honor all of its obligations under this Guarantee Agreement in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor Borrower shall only be liable under this Section 10.13 10.26 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.26, or otherwise under this Loan Guaranty Agreement, as it relates to such Borrower, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor Borrower under this Section 10.13 10.26 shall remain in full force and effect until the termination and release of all Swap ObligationsObligations in accordance with the terms of this Agreement. Each Qualified ECP Guarantor Borrower intends that this Section 10.13 10.26 constitute, and this Section 10.13 10.26 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Borrower for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 5 contracts

Samples: Credit Agreement (Harsco Corp), Credit Agreement (Harsco Corp), Credit Agreement (Harsco Corp)

Keepwell. Each 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 each other Loan Security Party to honor all of its obligations under this Guarantee guarantee in respect of a Swap Obligation Obligations (provided, however, provided that each Qualified ECP Guarantor shall only be liable under this Section 10.13 Clause 16.17 only for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 Clause 16.17, or otherwise under this Loan Guaranty guarantee, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 Clause 16.17 shall remain in full force and effect until the termination of all Swap Obligationssuch Qualified ECP Guarantor is released pursuant to Clause 16.16. Each Qualified ECP Guarantor intends that this Section 10.13 Clause 16.17 constitute, and this Section 10.13 Clause 16.17 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Guarantor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 5 contracts

Samples: Loan Agreement (Dorian LPG Ltd.), Loan Agreement (Dorian LPG Ltd.), Loan Agreement (Eagle Bulk Shipping Inc.)

Keepwell. Each 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 each other Loan Party Company to honor all of its obligations under this Guarantee Company Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 14.7 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 14.7, or otherwise under this Loan Guaranty Company Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the a repayment in full and termination of all Swap the Guaranteed Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 14.7 constitute, and this Section 10.13 14.7 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 5 contracts

Samples: Credit Agreement (Owens-Illinois Group Inc), Credit Agreement (Owens-Illinois Group Inc), Credit Agreement (Owens-Illinois Group Inc)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee the Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 9.18 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 9.18, or otherwise under this Loan Guaranty the Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until payment in full of the termination of all Swap ObligationsObligations in accordance with Section 1.02(b). Each Qualified ECP Guarantor intends that this Section 10.13 9.18 constitute, and this Section 10.13 9.18 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 4 contracts

Samples: Asset Based Loan Credit Agreement (Express, Inc.), Asset Based Loan Credit Agreement (Express, Inc.), Asset Based Loan Credit Agreement (Express, Inc.)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee in respect of a Swap Obligation Hedging Agreements (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.14 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.14, or otherwise under this Loan Guaranty Guarantee, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 10.14 shall remain in full force and effect until the termination Obligations have been paid in full and the Commitments and all Letters of all Swap ObligationsCredit have been terminated. Each Qualified ECP Guarantor intends that this Section 10.13 10.14 constitute, and this Section 10.13 10.14 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 4 contracts

Samples: Asset Based Revolving Credit Agreement (Alpha Metallurgical Resources, Inc.), Asset Based Revolving Credit Agreement (Contura Energy, Inc.), Asset Based Revolving Credit Agreement (Contura Energy, Inc.)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee Guaranty in respect of a Swap Obligation (provided, however, that each such Qualified ECP Guarantor shall only be liable under this Section 10.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each such Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap Obligations. Each such Qualified ECP Guarantor intends that this Section 10.13 constitute, and this Section 10.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 4 contracts

Samples: Credit Agreement (Big Lots Inc), Credit Agreement (Big Lots Inc), Credit Agreement (Big Lots Inc)

Keepwell. Each Loan Party, to the extent it is a Qualified ECP Guarantor 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 each other such Loan Party to honor all of its obligations under this Guarantee Article IX in respect of a Swap Obligation Designated Hedge Agreements (provided, however, that each Qualified ECP Guarantor the Loan Parties shall only be liable under this Section 10.13 10.21 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.21 or otherwise under this Loan Guaranty Article IX, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor the Loan Parties under this Section 10.13 10.21 shall remain in full force and effect until payment in full of all of the Obligations and the termination of all Swap Obligationsthe Revolving Commitments hereunder. Each Qualified ECP Guarantor intends The Loan Parties intend that this Section 10.13 10.21 constitute, and this Section 10.13 10.21 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 4 contracts

Samples: Credit Agreement (First Trust Hedged Strategies Fund), Credit Agreement (First Trust Private Credit Fund), Credit Agreement (First Trust Alternative Opportunities Fund)

Keepwell. Each 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 each other Loan Credit Party to honor all of its obligations under this Guarantee any Credit Document in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 9.19 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 9.19 or otherwise under this Loan Guaranty any Credit Document voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 9.19 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 9.19 constitute, and this Section 10.13 9.19 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Credit Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 4 contracts

Samples: Credit Agreement (Hi-Crush Inc.), Senior Secured Debtor in Possession Credit Agreement (Hi-Crush Inc.), Restructuring Support Agreement (Hi-Crush Inc.)

Keepwell. Each Qualified ECP Guarantor Keepwell Provider hereby jointly and severally absolutely, unconditionally unconditionally, and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Loan Party to honor all of its obligations under this Guarantee guarantee in respect of a any Swap Obligation (provided, however, that each Qualified ECP Guarantor Keepwell Provider shall only be liable under this Section 10.13 8.19 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 8.19, or otherwise under this Loan Guaranty guarantee, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor Keepwell Provider under this Section 10.13 8.19 shall remain in full force and effect until such Qualified Keepwell Provider is released from its obligations under the termination of all Swap ObligationsLoan Documents in accordance with the terms thereof. Each Qualified ECP Guarantor Keepwell Provider intends that this Section 10.13 8.19 constitute, and this Section 10.13 8.19 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 4 contracts

Samples: Credit Agreement (Willbros Group, Inc.\NEW\), Credit Agreement (Willbros Group, Inc.\NEW\), Credit Agreement (Willbros Group, Inc.\NEW\)

Keepwell. Each Qualified ECP Guarantor hereby 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 each other Loan Party Guarantor to honor all of its obligations under this Guarantee Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 2.03 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 2.03, or otherwise under this Loan Guaranty Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 2.03 shall remain in full force and effect until the termination of all Swap Obligationssuch Guarantor is released from its obligations hereunder in accordance with Section 10.16 hereof. Each Qualified ECP Guarantor intends that this Section 10.13 2.03 constitute, and this Section 10.13 2.03 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 4 contracts

Samples: Revolving Credit Agreement (PBF Energy Co LLC), Revolving Credit Agreement (PBF Logistics LP), Revolving Credit Agreement (PBF Logistics LP)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee the Loan Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.13, or otherwise under this the Loan Guaranty Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination Obligations have been paid in full and the Commitments and all Letters of all Swap ObligationsCredit have been terminated. Each Qualified ECP Guarantor intends that this Section 10.13 constitute, and this Section 10.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 4 contracts

Samples: Credit Agreement (Osmotica Pharmaceuticals PLC), Credit Agreement (Osmotica Pharmaceuticals PLC), Credit Agreement (Osmotica Pharmaceuticals LTD)

Keepwell. Each 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 each other Loan Party Guarantor to honor all of its obligations under this Guarantee guarantee in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 9.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 9.13 or otherwise under this Loan Guaranty guarantee voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 9.13 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 9.13 constitute, and this Section 10.13 9.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Borrower for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 4 contracts

Samples: Credit Agreement (Kelly Services Inc), Credit Agreement (Kelly Services Inc), Credit Agreement (Kelly Services Inc)

Keepwell. Each 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 each other Specified Loan Party to honor all of its such Specified Loan Party’s obligations under this Guarantee Agreement and the other Loan Documents in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.8 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.8 or otherwise under this Loan Guaranty Agreement voidable under applicable law Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 10.8 shall remain in full force and effect until the termination of all Swap ObligationsObligations have been indefeasibly paid and performed in full. Each Qualified ECP Guarantor intends that this Section 10.13 10.8 constitute, and this Section 10.13 10.8 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Specified Loan Party for all purposes of Section 1a(18)(A)(v)(IIla(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 4 contracts

Samples: Credit Agreement (Biotelemetry, Inc.), Credit Agreement (Biotelemetry, Inc.), Credit Agreement (Primo Water Corp)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 13.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 13.13, or otherwise under this Guaranty, as it relates to such Loan Guaranty Party, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination a discharge of all Swap Guaranteed Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 13.13 constitute, and this Section 10.13 13.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (RadNet, Inc.), First Lien Credit and Guaranty Agreement (RadNet, Inc.), First Lien Credit and Guaranty Agreement (RadNet, Inc.)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee the Guarantees in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.09 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.09, or otherwise under this the Guarantees, as it relates to such Loan Guaranty Party, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination a Discharge of all Swap Guaranteed Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 10.09 constitute, and this Section 10.13 10.09 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(IISection1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 4 contracts

Samples: Credit Agreement (Horizon Pharma PLC), Credit Agreement (Horizon Pharma PLC), Credit Agreement (Horizon Pharma PLC)

Keepwell. Each 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 each other Loan Party Guarantor to honor all of its obligations under this Guarantee Agreement in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 2.07 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 2.07, or otherwise under this Loan Guaranty Agreement, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 2.07 shall remain in full force and effect until the termination of all Swap Obligationsthis Agreement and the Guaranties made hereunder pursuant to Section 4.12. Each Qualified ECP Guarantor intends that this Section 10.13 2.07 constitute, and this Section 10.13 2.07 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 4 contracts

Samples: Credit Agreement, Amendment and Restatement Agreement (Sabre Corp), Guaranty (Sabre Corp)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee the Loan Documents in respect of a Swap Obligation Obligations (providedbut, howeverin each case, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 for up to the maximum amount of such liability that can be hereby incurred without rendering its such Qualified ECP Guarantor’s obligations and undertakings under this Section 10.13 10.27 or otherwise under this Loan the Guaranty and Security Agreement voidable under applicable law Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations and undertakings of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap ObligationsAggregate Commitments have been terminated and the Obligations have been indefeasibly paid and performed in full. Each Qualified ECP Guarantor intends that this Section 10.13 10.27 to constitute, and this Section 10.13 shall be deemed to constitute, a guarantee of the obligations of, and a “keepwell, support, or other agreement” for the benefit of of, each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 4 contracts

Samples: Credit Agreement (Lands' End, Inc.), Credit Agreement (Lands' End, Inc.), Abl Credit Agreement (Lands' End, Inc.)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee Guaranty in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 11.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 11.13 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 11.13 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 11.13 constitute, and this Section 10.13 11.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Credit Agreement (Blue Owl Capital Inc.), Credit Agreement (Blue Owl Capital Inc.), Credit Agreement (Blue Owl Capital Inc.)

Keepwell. 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 each other Loan Party Obligor to honor all of its obligations under this Guarantee Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 15.10 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 15.10, or otherwise under this Loan Guaranty Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Guarantor that is a Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination Full Payment of all Swap the Guarantied Obligations. Each Guarantor that is a Qualified ECP Guarantor intends that this Section 10.13 15.10 constitute, and this Section 10.13 15.10 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Obligor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Loan Agreement (BIG 5 SPORTING GOODS Corp), Loan, Guaranty and Security Agreement (SMART Global Holdings, Inc.), Loan Agreement (Inari Medical, Inc.)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 2.11 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 2.11, or otherwise under this Guaranty, as it relates to such Loan Guaranty Party, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until a Discharge of the termination of all Swap Guaranteed Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 2.11 constitute, and this Section 10.13 2.11 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Second Lien Guaranty Agreement (Centric Brands Inc.), Credit Agreement (Affinion Group, Inc.), First Lien Guaranty Agreement (Centric Brands Inc.)

Keepwell. Each 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 each any other Loan Party Obligor hereunder to honor all of its such Xxxxxxx’s obligations under this Guarantee Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 11.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 11.13, or otherwise under this Loan Guaranty Guaranty, as it relates to such Obligor, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 11.13 shall remain in full force and effect until the termination indefeasible Full Payment of all Swap the Guaranteed Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 11.13 constitute, and this Section 10.13 11.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Obligor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Term Loan and Security Agreement (DXP Enterprises Inc), Term Loan and Security Agreement (DXP Enterprises Inc), Term Loan and Security Agreement (DXP Enterprises Inc)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.11 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.11, or otherwise under this Guaranty, as it relates to such Loan Guaranty Party, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until a Discharge of the termination of all Swap Secured Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 10.11 constitute, and this Section 10.13 10.11 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Credit Agreement (NRG Yield, Inc.), Credit Agreement, Credit Agreement (NRG Yield, Inc.)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee Loan Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.14 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.14 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 10.14 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 10.14 constitute, and this Section 10.13 10.14 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Abl Credit Agreement (Party City Holdco Inc.), Abl Credit Agreement (Party City Holdco Inc.), Abl Credit Agreement (Party City Holdco Inc.)

Keepwell. Each 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 each other Loan Party and/or Guarantor to honor all of its obligations under this Guarantee in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 11.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 11.13 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 11.13 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 11.13 constitute, and this Section 10.13 11.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Credit Agreement (CSW Industrials, Inc.), Credit Agreement (CSW Industrials, Inc.), Credit Agreement (CSW Industrials, Inc.)

Keepwell. Each 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 each other Loan Party Non-ECP Guarantor to honor all of its obligations under this Guarantee Agreement in respect of a any Swap Obligation Obligations that would otherwise be Excluded Swap Obligations but for this Section 10.14 (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.04 for the maximum amount of such liability that can hereby be hereby incurred and otherwise subject to the limitations on the Obligations of the Guarantors contained in this Guaranty Agreement without rendering its obligations under this Section 10.13 10.04, or otherwise under this Agreement, as it relates to such Loan Guaranty Party, voidable under applicable law Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this This Section 10.13 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 constitute, and this Section 10.13 10.14 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Non-ECP Guarantor for all purposes of Section § 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Latham Group, Inc.), Credit and Guaranty Agreement (Latham Group, Inc.), Credit and Guaranty Agreement (Latham Group, Inc.)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee the Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 9.23 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 9.23, or otherwise under the Guaranty or this Loan Guaranty Agreement in respect of the Obligations, voidable under applicable law Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until payment in full of the Obligations and termination of all Swap Obligationsthe Aggregate Commitments. Each Qualified ECP Guarantor intends that this Section 10.13 9.23 constitute, and this Section 10.13 9.23 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Sally Beauty Holdings, Inc.)

Keepwell. Each Qualified ECP Guarantor (if any) hereby jointly and severally absolutelyseverally, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Loan Party Guarantor to guaranty and otherwise honor all of its obligations under this Guarantee Obligations in respect of a Swap Obligation Secured Hedge Agreements (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.25 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.25, or otherwise under this the other Loan Guaranty Documents, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 10.25 shall remain in full force and effect until payment in full of the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 10.25 constitute, and this Section 10.13 10.25 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Credit Agreement (At Home Group Inc.), Credit Agreement (At Home Group Inc.), Credit Agreement (At Home Group Inc.)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee Agreement in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 9.19 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 9.19, or otherwise under this Loan Guaranty Agreement, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 9.19 shall remain in full force and effect until the termination satisfaction and discharge of all Swap Guaranteed Obligations. Each The Borrower and each Qualified ECP Guarantor intends that this Section 10.13 9.19 constitute, and this Section 10.13 9.19 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of the Borrower and each other Loan Party Qualified ECP Guarantor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Incremental Facility Amendment (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc)

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Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until satisfaction of the termination of all Swap ObligationsFinal Release Conditions. Each Qualified ECP Guarantor intends that this Section 10.13 constitute, and this Section 10.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Credit Agreement (Winnebago Industries Inc), Credit Agreement (Winnebago Industries Inc), Credit Agreement (G Iii Apparel Group LTD /De/)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee in respect of a Swap Obligation Contracts (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.14 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.14, or otherwise under this Loan Guaranty Guarantee, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 10.14 shall remain in full force and effect until the termination Obligations have been paid in full and the Commitments and all Letters of all Swap ObligationsCredit have been terminated. Each Qualified ECP Guarantor intends that this Section 10.13 10.14 constitute, and this Section 10.13 10.14 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Asset Based Revolving Credit Agreement (Warrior Met Coal, Inc.), Asset Based Revolving Credit Agreement (Warrior Met Coal, Inc.), Asset Based Revolving Credit Agreement (Warrior Met Coal, LLC)

Keepwell. Each Borrower 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 each other Loan Party Borrower to honor all of its obligations under this Guarantee Article 12 in respect of a Swap Obligation (provided, however, that each such Qualified ECP Guarantor shall only be liable under this Section 10.13 12.12 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 12.12 or otherwise under this Loan Guaranty Article 12 voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 12.12 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 12.12 constitute, and this Section 10.13 12.10 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Guarantor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Term Loan and Security Agreement (Summit Healthcare REIT, Inc), Term Loan and Security Agreement (Summit Healthcare REIT, Inc), Term Loan and Security Agreement (Summit Healthcare REIT, Inc)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 7.10 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 7.10, or otherwise under this Loan Guaranty Guarantee, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 7.10 shall remain in full force and effect until the termination of all Swap ObligationsGuaranteed Obligations have been indefeasibly paid in full. Each Qualified ECP Guarantor intends that this Section 10.13 7.10 constitute, and this Section 10.13 7.10 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Credit Agreement (Loar Holdings Inc.), Credit Agreement (Loar Holdings Inc.), Credit Agreement (Loar Holdings, LLC)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee Agreement in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 9.19 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 9.19, or otherwise under this Loan Guaranty Agreement, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap ObligationsCommitments and payment in full of all Obligations (other than contingent indemnification obligations). Each Qualified ECP Guarantor intends that this Section 10.13 9.19 constitute, and this Section 10.13 9.19 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Borrowing Base Agreement (TXO Partners, L.P.), Credit Agreement (TXO Partners, L.P.), Credit Agreement (MorningStar Partners, L.P.)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee Loan Guaranty in respect of a Swap Hedging Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 or otherwise under this Loan Guaranty voidable under applicable law any Requirement of Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap Hedging Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 constitute, and this Section 10.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Credit Agreement (Arcadium Lithium PLC), Credit Agreement (Livent Corp.), Credit Agreement (Livent Corp.)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee the Loan Documents in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 9.17 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 9.17 or otherwise under this the Loan Guaranty Documents voidable under applicable law Applicable Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 9.17 shall remain in full force and effect until the termination a discharge of all Swap Obligationsits Secured Obligations hereunder. Each Qualified ECP Guarantor intends that this Section 10.13 9.17 constitute, and this Section 10.13 9.17 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Hecla Mining Co/De/)

Keepwell. Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally unconditionally, and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Loan Credit Party to honor all of its obligations under this Guarantee Guaranty in respect of a any Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 7.16 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 7.16, or otherwise under this Loan Guaranty Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 7.16 shall remain in full force and effect until the termination payment in full and discharge of all Swap the Guaranteed Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 7.16 constitute, and this Section 10.13 7.16 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Guarantor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)

Keepwell. Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally unconditionally, and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Loan Party to honor all of its obligations under this Guarantee the Guaranty in respect of a Swap Obligation any Hedge Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.19 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.19, or otherwise under this Loan Guaranty Agreement, voidable under applicable law Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 10.19 shall remain in full force and effect until the payment in full of the Obligations and the termination of all Swap Obligationsthis Agreement and the Guaranty. Each Qualified ECP Guarantor intends that this Section 10.13 10.19 constitute, and this Section 10.13 10.19 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Credit Agreement (Amplify Energy Corp.), Credit Agreement (Amplify Energy Corp.), Credit Agreement (Amplify Energy Corp)

Keepwell. Each 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 each other Loan Party Guarantor to honor all of its obligations under this Guarantee Section 12 in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 12.10 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 12.10, or otherwise under this Loan Guaranty Section 12, voidable under applicable law Laws relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 12.10 shall remain in full force and effect until the termination of all Swap Obligationsdischarged in accordance with Section 12.3. Each Qualified ECP Guarantor intends that this Section 10.13 12.10 constitute, and this Section 10.13 12.10 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Guarantor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 3 contracts

Samples: Credit Agreement (ATN International, Inc.), Credit Agreement (ATN International, Inc.), Credit Agreement (ATN International, Inc.)

Keepwell. Each Qualified ECP Guarantor (as hereinafter defined) 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 each other Loan Party Obligor to honor all of its obligations under this Guarantee the Guarantees in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 9.10 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 9.10, or otherwise under this Loan Guaranty the Guarantees, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap Obligationsthe Guarantees as described in Section 9.03 hereof. Each Qualified ECP Guarantor intends that this Section 10.13 9.10 constitute, and this Section 10.13 9.10 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Obligor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.. As used herein, “

Appears in 3 contracts

Samples: Credit Agreement (Cardtronics Inc), Credit Agreement (Cardtronics Inc), Credit Agreement (Cardtronics Inc)

Keepwell. Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally unconditionally, and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Loan Party to honor all of its obligations under this Guarantee in respect of a Swap Obligation (providedprovided that, however, that each Qualified ECP Guarantor shall will only be liable under this Section 10.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 shall will remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 constitute, and this Section 10.13 shall will be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Credit Agreement (Allbirds, Inc.), Credit Agreement (Francesca's Holdings CORP)

Keepwell. Each 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 each other Loan Credit Party to honor all of its obligations under this Guarantee Agreement in respect of a Swap Obligation (provided, however, Obligations; provided that each Qualified ECP Guarantor shall only be liable under this Section 10.13 12.8 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 12.8, or otherwise under this Loan Guaranty Agreement, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 12.8 shall remain in full force and effect until the termination satisfaction and discharge of all Swap Guaranteed Obligations. Each The Borrower and each Qualified ECP Guarantor intends that this Section 10.13 12.8 constitute, and this Section 10.13 12.8 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of the Borrower and each other Loan Party Qualified ECP Guarantor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Increase Joinder and First Amendment (P10, Inc.), Credit Agreement (P10, Inc.)

Keepwell. Each 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 each other Loan Credit Party to honor all of its obligations under this Guarantee Agreement in respect of a Swap Obligation (provided, however, Obligations; provided that each Qualified ECP Guarantor shall only be liable under this Section 10.13 7.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 7.13, or otherwise under this Loan Guaranty Agreement, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 7.13 shall remain in full force and effect until the termination satisfaction and discharge of all Swap Guaranteed Obligations. Each Borrower and each Qualified ECP Guarantor intends that this Section 10.13 7.13 constitute, and this Section 10.13 7.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of Borrower and each other Loan Party Qualified ECP Guarantor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Hamilton Lane INC), Credit and Guaranty Agreement (Hamilton Lane INC)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee Agreement in respect of a Secured Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 2.09 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 2.09, or otherwise under this Loan Guaranty Agreement, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 2.09 shall remain in full force and effect until the termination of all Swap Obligationsthis Agreement in full or, with respect to such Qualified ECP Guarantor, in accordance with Section 5.12 hereof. Each Qualified ECP Guarantor intends that this Section 10.13 2.09 constitute, and this Section 10.13 2.09 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: First Lien Guarantee Agreement (Franchise Group, Inc.), First Lien Guarantee Agreement (Franchise Group, Inc.)

Keepwell. Each 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 each other Specified Loan Party to honor all of its such Specified Loan Party’s obligations under this Guarantee Agreement and the other Loan Documents in respect of a Swap Obligation (Obligations provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.8 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.8 or otherwise under this Loan Guaranty Agreement voidable under applicable law Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 10.8 shall remain in full force and effect until the termination of all Swap ObligationsObligations have been indefeasibly paid and performed in full. Each Qualified ECP Guarantor intends that this Section 10.13 10.8 constitute, and this Section 10.13 10.8 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Specified Loan Party for all purposes of Section 1a(18)(A)(v)(IIla(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Credit Agreement (Biote Corp.), Credit Agreement (Archer Aviation Inc.)

Keepwell. Each 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 each other Loan Party to honor all of its Guarantee obligations under this Guarantee Article 11 in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 11.10 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 11.10, or otherwise its Guarantee obligations under this Loan Guaranty Article 11, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap Obligationssuch Qualified ECP Guarantor’s obligations under this Article 11 terminate pursuant to Section 11.8. Each Qualified ECP Guarantor intends that this Section 10.13 11.10 constitute, and this Section 10.13 11.10 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.. [the remainder of this page has been intentionally left blank] 1821445.29\C072091\0303228

Appears in 2 contracts

Samples: Credit and Guarantee Agreement (General Communication Inc), Credit and Guarantee Agreement (Gci Inc)

Keepwell. Each 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 each other Loan Party Guarantor to honor all of its obligations under this Guarantee in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 23 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 23 or otherwise under this Loan Guaranty Guarantee voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 23 shall remain in full force and effect until the termination of all Swap ObligationsGuarantied Obligations have been indefeasibly paid in full in accordance with Section 9. Each Qualified ECP Guarantor intends that this Section 10.13 23 constitute, and this Section 10.13 23 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Guarantor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Loan Agreement (Cheesecake Factory Inc), Loan Agreement (Cheesecake Factory Inc)

Keepwell. Each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally unconditionally, and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Loan Party to honor all of its obligations under this Guarantee Section 10 in respect of a any Specified Swap Obligation Agreement (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.8 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.8, or otherwise under this Loan Guaranty Section 10, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 10.8 shall remain in full force and effect until the termination of all Swap Obligationssuch time as such Qualified ECP Guarantor is released from its Obligations hereunder. Each Qualified ECP Guarantor intends that this Section 10.13 10.8 constitute, and this Section 10.13 10.8 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Subsidiary Guarantor for all purposes of Section section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Credit Agreement (World Wrestling Entertainmentinc), Credit Agreement (World Wrestling Entertainmentinc)

Keepwell. Each 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 each other Loan Party Grantor hereunder to honor all of its obligations under this Guarantee Agreement in respect of Swap Obligations of a Swap Obligation Canadian Loan Party (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 9.19 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 9.19, or otherwise under this Loan Guaranty Agreement, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 9.19 shall remain in full force and effect until the termination Discharge of all Swap Canadian Borrower Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 9.19 constitute, and this Section 10.13 9.19 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Grantor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Abl Credit Agreement (Foundation Building Materials, Inc.), Abl Credit Agreement (Forterra, Inc.)

Keepwell. Each 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 each other Loan Party Non-ECP Guarantor to honor all of its obligations under this Guarantee Agreement in respect of a any Swap Obligation Obligations that would otherwise be Excluded Swap Obligations but for this Section 10.14 (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.14 for the maximum amount of such liability that can hereby be hereby incurred and otherwise subject to the limitations on the Obligations of the Guarantors contained in this Guaranty Agreement without rendering its obligations under this Section 10.13 10.14, or otherwise under this Agreement, as it relates to such Loan Guaranty Party, voidable under applicable law Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this This Section 10.13 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 constitute, and this Section 10.13 10.14 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Non-ECP Guarantor for all purposes of Section §1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Fidelity National Financial, Inc.), Credit and Guaranty Agreement (Fidelity National Financial, Inc.)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee Loan Guaranty in respect of a Swap Obligation (provided, however, that each such Qualified ECP Guarantor shall only be liable under this Section 10.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each such Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap Obligations. Each such Qualified ECP Guarantor intends that this Section 10.13 constitute, and this Section 10.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Credit Agreement (Urban Outfitters Inc), Credit Agreement (Urban Outfitters Inc)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 7.12 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 7.12, or otherwise under this Loan Guaranty Guarantee, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 Article VII shall remain in full force and effect until the termination payment in full of all Swap Guaranteed Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 constitute7.12 constitutes, and this Section 10.13 7.12 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Revolving Syndicated Facility Agreement (Tronox LTD), Revolving Syndicated Facility Agreement (Tronox LTD)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee the Loan Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.13, or otherwise under this the Loan Guaranty Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination Obligations have been paid in full and the Commitments and all Letters of all Swap ObligationsCredit have been terminated. Each Qualified ECP Guarantor intends that this Section 10.13 constitute, and this Section 10.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(IIla(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Credit Agreement (Osmotica Pharmaceuticals PLC), Credit Agreement (Osmotica Pharmaceuticals LTD)

Keepwell. 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 each other Loan Party Obligor to honor all of its obligations under this Guarantee Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 15.10 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 15.10, or otherwise under this Loan Guaranty Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Guarantor that is a Qualified ECP Guarantor under this Section 10.13 15.10 shall remain in full force and effect until the termination Full Payment of all Swap the Guarantied Obligations. Each Guarantor that is a Qualified ECP Guarantor intends that this Section 10.13 15.10 constitute, and this Section 10.13 15.10 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Obligor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Loan, Guaranty and Security Agreement (Infinera Corp), Loan Agreement (Quotient Technology Inc.)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 constitute, and this Section 10.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Credit Agreement (AtriCure, Inc.), Credit Agreement (Myriad Genetics Inc)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee Guaranty in respect of a Obligations under Secured Swap Obligation Agreements (providedprovided that, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 7.11 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 7.11 or otherwise under this Loan Guaranty Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 7.11 shall remain in full force and effect until the termination of Guaranteed Obligations have been paid in full in cash and all Swap ObligationsCommitments have terminated. Each Qualified ECP Guarantor intends that this Section 10.13 7.11 constitute, and this Section 10.13 7.11 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Revolving Credit and Guaranty Agreement (Fitbit Inc), Revolving Credit and Guaranty Agreement (Fitbit Inc)

Keepwell. Each 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 each other Loan Party Guarantor to honor all of its obligations under this Guarantee in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 constitute, and this Section 10.13 shall be deemed to constitute, a "keepwell, support, or other agreement" for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Credit Agreement (Orthofix Medical Inc.), Credit Agreement (Acorda Therapeutics Inc)

Keepwell. Each 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 each other Loan Party Guarantor to honor all of its obligations under this Guarantee the guarantee contained herein in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 13.10 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 13.10, or otherwise under this Loan Guaranty Agreement, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 13.10 shall remain in full force and effect until the termination discharge of all Swap Obligationsthe Guaranteed Obligations in full. Each Qualified ECP Guarantor intends that this Section 10.13 13.10 constitute, and this Section 10.13 13.10 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party Guarantor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Credit Agreement (Atwood Oceanics Inc), Credit Agreement (Atwood Oceanics Inc)

Keepwell. Each 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 each other Specified Loan Party to honor all of its such Specified Loan Party’s obligations under this Guarantee Agreement and the other Loan Documents in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.8 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.8 or otherwise under this Loan Guaranty Agreement voidable under applicable law Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 10.8 shall remain in full force and effect until the termination of all Swap ObligationsObligations have been indefeasibly paid and performed in full. Each Qualified ECP Guarantor intends that this Section 10.13 10.8 constitute, and this Section 10.13 10.8 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Specified Loan Party for all purposes of Section 1a(18)(A)(v)(II(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Credit Agreement (Cross Country Healthcare Inc), Credit Agreement (Cross Country Healthcare Inc)

Keepwell. Each Loan Party 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 each other Loan Party to honor all of its obligations under this Guarantee its Guaranty and the other Loan Documents in respect of a such Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.22 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.22, or otherwise under this Loan Guaranty its Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap ObligationsSecured Obligations have been paid and performed in full. Each Qualified ECP Guarantor intends that this Section 10.13 10.22 to constitute, and this Section 10.13 10.22 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.)

Appears in 2 contracts

Samples: Credit Agreement (Nexstar Media Group, Inc.), Credit Agreement (Nexstar Media Group, Inc.)

Keepwell. Each Qualified ECP Guarantor hereby jointly and severally andseverally absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as supportas may be needed from time to time by each other Loan Party to honor all of its obligations under this Guarantee thisAgreement in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only shallonly be liable under this Section 10.13 9.19 for the maximum amount of such liability that can be hereby incurred herebyincurred without rendering its obligations under this Section 10.13 9.19, or otherwise under this Loan Guaranty Agreement,voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater anygreater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 9.19 shall remain in remainin full force and effect until the termination satisfaction and discharge of all Swap Guaranteed Obligations. Each The Borrowerand each Qualified ECP Guarantor intends that this Section 10.13 9.19 constitute, and this Section 10.13 shall be 9.19 shallbe deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party the Borrower andeach Qualified ECP Guarantor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange ActExchangeAct.

Appears in 2 contracts

Samples: Incremental Facility Amendment to Credit Agreement (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee the Facility Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.25 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.25, or otherwise under this Loan Guaranty the Facility Guaranty, voidable under applicable law Law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until payment in full of the termination of all Swap ObligationsObligations (other than contingent indemnification obligations for which a claim has not been asserted. Each Qualified ECP Guarantor intends that this Section 10.13 10.25 constitute, and this Section 10.13 10.25 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Credit Agreement (Lovesac Co), Credit Agreement (Lovesac Co)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.14 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.14 or otherwise under this Loan Guaranty voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 10.14 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 10.14 constitute, and this Section 10.13 10.14 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Credit Agreement (Globalscape Inc), Credit Agreement (Globalscape Inc)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee Guaranty in respect of a Swap Obligation Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 9.04 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 9.04, or otherwise under this Loan Guaranty Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 9.04 shall remain in full force and effect until at any time the termination of all Swap ObligationsTransaction Liens (as defined in the Security Agreement) or the Guaranty set forth in Section 9.01 are in effect. Each Qualified ECP Guarantor intends that this Section 10.13 9.04 constitute, and this Section 10.13 9.04 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Revolving Credit and Guaranty Agreement (Tower International, Inc.), Revolving Credit and Guaranty Agreement (Tower International, Inc.)

Keepwell. Each 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 each other Loan Party Guarantor to honor all of its obligations under this Guarantee in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 or otherwise under this Loan Guaranty or Obligation Guaranty, as applicable, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 constitute, and this Section 10.13 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Credit Agreement (Opko Health, Inc.), Credit Agreement (Opko Health, Inc.)

Keepwell. Each 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 each other Loan Party to honor all of its obligations under this Guarantee in respect of a Swap Obligation (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 10.09 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 10.09 or otherwise under the Guaranty under this Loan Guaranty Article X voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the obligations of each Qualified ECP Guarantor under this Section 10.13 10.09 shall remain in full force and effect until the termination of all Swap Obligations. Each Qualified ECP Guarantor intends that this Section 10.13 10.09 constitute, and this Section 10.13 10.09 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Credit Agreement (ESAB Corp), Credit Agreement (ESAB Corp)

Keepwell. Each 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 each other Loan Party Guarantor to honor all of its obligations under this Guarantee Article VII in respect of a all obligations in respect of Swap Obligation Agreements that constitute Secured Obligations hereunder (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 7.11 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 7.11 or otherwise under this Loan Guaranty Article VII voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 Article VII shall remain in full force and effect until a discharge of the termination of all Swap ObligationsGuaranteed Liabilities. Each Qualified ECP Guarantor intends that this Section 10.13 7.11 constitute, and this Section 10.13 7.11 shall be deemed to constitute, a “keepwell, support, support or other agreement” for the benefit of each other Loan Party Guarantor for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: Credit Agreement (Gastar Exploration Inc.), Credit Agreement (Gastar Exploration Inc.)

Keepwell. Each 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 each other Loan Party that is a Guarantor to honor all of its obligations under this Guarantee Guaranty in respect of a Swap Obligation Specified Derivatives Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 10.13 32 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 10.13 32, or otherwise under this Loan Guaranty Guaranty, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). Except as otherwise provided herein, the The obligations of each Qualified ECP Guarantor under this Section 10.13 32 shall remain in full force and effect until the termination of all Swap Obligationsthis Guaranty in accordance with Section 21 hereof. Each Qualified ECP Guarantor intends that this Section 10.13 32 constitute, and this Section 10.13 32 shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each other Loan Party for all purposes of Section 1a(18)(A)(v)(II) of the Commodity Exchange Act.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Pennsylvania Real Estate Investment Trust), Guaranty (Pennsylvania Real Estate Investment Trust)

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