Common use of Payment by Subsidiary Guarantors Clause in Contracts

Payment by Subsidiary Guarantors. Subject to Section 7.2, Subsidiary Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Subsidiary Guarantor by virtue hereof, that upon the failure of 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, 11 U.S.C. § 362(a), or any equivalent provision in any applicable jurisdiction), Subsidiary Guarantors will upon demand pay, or cause to be paid, in cash, to Administrative Agent for the ratable benefit of Beneficiaries, 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 the Company’s becoming the subject of a case under the Bankruptcy Code or other similar legislation in any jurisdiction, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against Company for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Payment by Subsidiary Guarantors. Subject to Section 7.27.02, Subsidiary Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Subsidiary Guarantor by virtue hereof, that upon the failure of Company 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, 11 U.S.C. § 362(a), or any equivalent provision in any applicable jurisdiction), Subsidiary Guarantors will shall upon demand pay, or cause to be paid, in cashCash, to the Administrative Agent for the ratable benefit of Beneficiaries, 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 the CompanyBorrower’s becoming the subject of a case under the Bankruptcy Code or other similar legislation in any jurisdictionCode, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against Company the Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.

Payment by Subsidiary Guarantors. Subject to Section 7.27.02 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 Beneficiary Secured Party may have at law or in equity against any Subsidiary Guarantor by virtue hereof, that upon the failure of Company 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, 11 U.S.C. § 362(aCode or analogous provisions of other Debtor Relief Laws), or any equivalent provision in any applicable jurisdiction), the Subsidiary Guarantors will upon demand pay, or cause to be paid, in cashCash, to Administrative Agent for the ratable benefit of Beneficiariesthe 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 the Companyany Borrower’s becoming the subject of a case or proceeding under the Bankruptcy Code or other similar legislation in any jurisdictionDebtor Relief Law, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against Company any Borrower for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries Secured Parties as aforesaid.

Payment by Subsidiary Guarantors. Subject to Section 7.29.2, the Subsidiary Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary Holdings or the Project Subsidiaries may have at law or in equity against any Subsidiary Guarantor by virtue hereof, that upon the failure of Company 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, 11 U.S.C. § 362(a), or any equivalent provision in any applicable jurisdiction), Subsidiary Guarantors will upon demand pay, or cause to be paid, in cash, to Administrative Agent for the ratable benefit of BeneficiariesDOE, 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 Holdings or the Company’s Project Subsidiaries becoming the subject of a case under the Bankruptcy Code or other similar legislation in any jurisdictionCode, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against Company Holdings or the Project Subsidiaries for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries Holdings or the Project Subsidiaries as aforesaid.aforesaid.‌

Payment by Subsidiary Guarantors. Subject to Section 7.2, Each of the Subsidiary Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary Secured Party may have at law or in equity against any Subsidiary Guarantor by virtue hereof, that upon the failure of Company 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, 11 U.S.C. USC. § 362(a), ) (or any equivalent similar provision in any applicable jurisdictionother Bankruptcy Laws)), the Subsidiary Guarantors will upon demand pay, or cause to be paid, when and as the same shall become due, in cash, to the Administrative Agent for the ratable benefit of BeneficiariesSecured 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 the CompanyBorrower’s becoming the subject of a case proceeding under the any Bankruptcy Code or other similar legislation in any jurisdictionLaw, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against Company the Borrower for such interest in the related bankruptcy casesuch proceeding) and all other Guaranteed Obligations then owed to Beneficiaries Secured Parties as aforesaid.

Payment by Subsidiary Guarantors. Subject to Section 7.2, The Subsidiary Guarantors hereby jointly and severally agree, in furtherance of the foregoing and not in limitation of any other right which any Beneficiary may have at law or in equity against any Subsidiary Guarantor by virtue hereof, that upon the failure of Company 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, 11 U.S.C. § 362(a), or any equivalent provision in any applicable jurisdiction), the Subsidiary Guarantors will shall upon demand pay, or cause to be paid, in cashCash, to the Administrative Agent for the ratable benefit of Beneficiaries, 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 the Company’s Parent becoming the subject of a case under the Bankruptcy Code or other similar legislation in any jurisdictionCode, would have accrued on such Guaranteed Obligations, whether or not a claim is allowed against Company Parent for such interest in the related bankruptcy case) and all other Guaranteed Obligations then owed to Beneficiaries as aforesaid.. Section 7.4