Common use of Qualified ECP Guarantors Clause in Contracts

Qualified ECP Guarantors. 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 Guarantor to honor all of its obligations under this Guarantee in respect of Swap Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 6.14 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 6.14, or otherwise under the Guarantee, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations of each Qualified ECP Guarantor under this Section 6.14 shall remain in full force and effect until a discharge of the Obligations. Each Qualified ECP Guarantor intends that this Section 6.14 constitute, and this Section 6.14 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 (HMS Holdings Corp), Credit Agreement (HMS Holdings Corp)

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Qualified ECP Guarantors. 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 Guarantor Loan Party to honor all of its obligations under this Guarantee Article IX in respect of Swap Hedging Obligations that constitute Secured Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 6.14 9.8 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 6.149.8, or otherwise under the Guaranteethis Article IX, voidable under applicable law Legal Requirements relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations of each Qualified ECP Guarantor under this Section 6.14 9.8 shall remain in full force and effect until a discharge of the ObligationsTermination Time. Each Qualified ECP Guarantor intends that this Section 6.14 9.8 constitute, and this Section 6.14 9.8 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 1 contract

Samples: Intercreditor Agreement (KCG Holdings, Inc.)

Qualified ECP Guarantors. 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 Guarantor Loan Party to honor all of its obligations under this Guarantee Article VII in respect of Swap Hedging Obligations that constitute Secured Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 6.14 7.11 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 6.147.11, or otherwise under the Guaranteethis Article VII, voidable under applicable law Legal Requirements relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations of each Qualified ECP Guarantor under this Section 6.14 7.11 shall remain in full force and effect until a discharge the termination of the Guaranteed Obligations. Each Qualified ECP Guarantor intends that this Section 6.14 7.11 constitute, and this Section 6.14 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 1 contract

Samples: Credit Agreement (Biglari Holdings Inc.)

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Qualified ECP Guarantors. 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 Guarantor Loan Party to honor all of its obligations under this Guarantee Article VII in respect of Swap Hedging Obligations that constitute Secured Obligations (provided, however, that each Qualified ECP Guarantor shall only be liable under this Section 6.14 7.11 for the maximum amount of such liability that can be hereby incurred without rendering its obligations under this Section 6.147.11, or otherwise under the Guaranteethis Article VII, voidable under applicable law Legal Requirements relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations of each Qualified ECP Guarantor under this Section 6.14 7.11 shall remain in full force and effect until a discharge of the ObligationsTermination Time. Each Qualified ECP Guarantor intends that this Section 6.14 7.11 constitute, and this Section 6.14 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.. 143

Appears in 1 contract

Samples: Credit Agreement (Internap Network Services Corp)

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