Common use of Payment by Subsidiary Guarantors Clause in Contracts

Payment by Subsidiary Guarantors. Subject to Section 7.02 and the terms of each Counterpart Agreement, the Subsidiary Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Secured Party may have at law or in equity against any Subsidiary Guarantor by virtue hereof, that upon the failure of any Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code or analogous provisions of other Debtor Relief Laws), the Subsidiary Guarantors will upon demand pay, or cause to be paid, in Cash, to Administrative Agent for the benefit of the Secured Parties, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for any Borrower’s becoming the subject of a case or proceeding under any Debtor Relief Law, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against any Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Secured Parties as aforesaid.

Payment by Subsidiary Guarantors. Subject to Section 7.02 and the terms of each Counterpart Agreement9.2, the Subsidiary Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Secured Party Holdings or the Project Subsidiaries may have at law or in equity against any Subsidiary Guarantor by virtue hereof, that upon the failure of any Borrower Holdings or the Project Subsidiaries to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise due (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code or analogous provisions of other Debtor Relief LawsCode, 11 U.S.C. § 362(a)), the Subsidiary Guarantors will upon demand pay, or cause to be paid, in Cashcash, to Administrative Agent for the benefit of the Secured PartiesDOE, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, plus accrued and unpaid interest on such Guaranteed Obligations at the Default Rate (including interest which, but for any Borrower’s Holdings or the Project Subsidiaries becoming the subject of a case or proceeding under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against any Borrower Holdings or the Project Subsidiaries for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Secured Parties Holdings or the Project Subsidiaries as aforesaid.aforesaid.‌

Payment by Subsidiary Guarantors. Subject to Section 7.02 and the terms of each Counterpart Agreement7.02, the Subsidiary Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Secured Party Beneficiary may have at law or in equity against any Subsidiary Guarantor by virtue hereof, that upon the failure of any the Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code or analogous provisions of other Debtor Relief LawsCode, 11 U.S.C. § 362(a)), the Subsidiary Guarantors will shall upon demand pay, or cause to be paid, in Cash, to the Administrative Agent for the ratable benefit of the Secured PartiesBeneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for any the Borrower’s becoming the subject of a case or proceeding under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against any the Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Secured Parties Beneficiaries as aforesaid.

Payment by Subsidiary Guarantors. Subject to Section 7.02 and the terms of each Counterpart Agreement7.2, the Subsidiary Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Secured Party Beneficiary may have at law or in equity against any Subsidiary Guarantor by virtue hereof, that upon the failure of any Borrower Company to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code or analogous provisions of other Debtor Relief LawsCode, 11 U.S.C. § 362(a), the or any equivalent provision in any applicable jurisdiction), Subsidiary Guarantors will upon demand pay, or cause to be paid, in Cashcash, to Administrative Agent for the ratable benefit of the Secured PartiesBeneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for any Borrowerthe Company’s becoming the subject of a case under the Bankruptcy Code or proceeding under other similar legislation in any Debtor Relief Lawjurisdiction, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against any Borrower Company for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Secured Parties Beneficiaries as aforesaid.

Payment by Subsidiary Guarantors. Subject to Section 7.02 and the terms Each of each Counterpart Agreement, the Subsidiary Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Secured Party may have at law or in equity against any Subsidiary Guarantor by virtue hereof, that upon the failure of any the Borrower to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code Code, 11 USC. § 362(a) (or analogous provisions of any similar provision in any other Debtor Relief Bankruptcy Laws)), the Subsidiary Guarantors will upon demand pay, or cause to be paid, when and as the same shall become due, in Cashcash, to the Administrative Agent for the ratable benefit of the Secured Parties, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for any the Borrower’s becoming the subject of a case or proceeding under any Debtor Relief Bankruptcy Law, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against any the Borrower for such interest in the related bankruptcy casesuch proceeding) and all other Guaranteed Obligations then owed to Secured Parties as aforesaid.

Payment by Subsidiary Guarantors. Subject to Section 7.02 and the terms of each Counterpart Agreement, the The Subsidiary Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Secured Party Beneficiary may have at law or in equity against any Subsidiary Guarantor by virtue hereof, that upon the failure of any Borrower Parent to pay any of the Guaranteed Obligations when and as the same shall become due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code or analogous provisions of other Debtor Relief LawsCode, 11 U.S.C. § 362(a)), the Subsidiary Guarantors will shall upon demand pay, or cause to be paid, in Cash, to the Administrative Agent for the ratable benefit of the Secured PartiesBeneficiaries, an amount equal to the sum of the unpaid principal amount of all Guaranteed Obligations then due as aforesaid, accrued and unpaid interest on such Guaranteed Obligations (including interest which, but for any Borrower’s Parent becoming the subject of a case or proceeding under any Debtor Relief Lawthe Bankruptcy Code, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against any Borrower Parent for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Secured Parties Beneficiaries as aforesaid.