Common use of Term of Guaranty Clause in Contracts

Term of Guaranty. This Guaranty shall continue in effect: (a) as to those provisions pertaining to the JDA Obligations, until the date upon which the JDA Obligations have been satisfied, upon which event, notwithstanding anything herein to the contrary, this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the JDA Obligations shall immediately and automatically terminate and expire; and (b) as to those provisions pertaining to the LLC Obligations, until the date upon which the LLC Obligations have been satisfied, upon which event, notwithstanding anything herein to the contrary, this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the LLC Obligations shall immediately and automatically terminate and expire; provided, however, that: (i) in the event of a transfer of an interest in the Joint Development Agreement by EXCO PA and/or EXCO WV, Guarantor’s obligations hereunder pertaining to the JDA Obligations being transferred shall immediately and automatically terminate and expire if a direct or indirect parent company of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the JDA Beneficiaries a guaranty of the transferred JDA Obligations in substantially the form of this Guaranty (to the extent pertaining to the JDA Obligations), and (ii) in the event of a transfer of an interest in the LLC Agreement by Holding, Guarantor’s obligations hereunder pertaining to the LLC Obligations being transferred shall immediately and automatically terminate and expire if a direct or indirect parent company of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the LLC Beneficiaries a guaranty of the transferred LLC Obligations in substantially the form of this Guaranty (to the extent pertaining to the LLC Obligations).

Term of Guaranty. This Guaranty shall continue in effecteffect until all the Guaranteed Obligations and all of the obligations of Guarantor to Administrative Agent and Lenders under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgement. Notwithstanding anything stated to the contrary in this Guaranty, in the event that Administrative Agent or its nominee or any third party takes record title to any portion of the Property following the exercise of Administrative Agent’s rights and remedies under the Loan Documents, Guarantor shall nonetheless have the right to terminate its continuing liability under clause (ii) of Section 1 of this Guaranty with respect to Borrower’s obligations under the Environmental Agreement (and only as to such obligations) with respect to such portion of the Property, upon fulfillment of each of the following conditions to the reasonable satisfaction of Administrative Agent with respect to such portion of the Property: (a) as Guarantor or Borrower shall have delivered to those provisions pertaining Administrative Agent a new environmental insurance policy which insures Administrative Agent and Lenders (“New Environmental Insurance Policy”) and which: (i) is comparable to the JDA Obligations, until existing Environmental Insurance Policy approved by Lender except the policy limits shall be at least $5,000,000 for each occurrence and in the aggregate with a retention of no greater than $100,000; and (ii) is issued by the same company as the existing Environmental Insurance Policy or a replacement company with an AM Best's Rating equivalent or better than A‑ (Excellent)/IX; and (iii) has a term of three (3) years from the date upon which the JDA Obligations have been satisfied, upon which event, notwithstanding anything herein to the contrary, this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the JDA Obligations shall immediately and automatically terminate and expireissuance; and (b) as Administrative Agent shall have received evidence that all premiums for three (3) years coverage under such New Environmental Insurance Policy have been prepaid in full. Such termination of Guarantor’s liability under clause (ii) of Section 1 of this Guaranty with respect to those provisions pertaining Borrower’s obligations under the Environmental Agreement, shall become effective only upon the delivery by Administrative Agent to Guarantor of a specific written acknowledgment of the satisfaction of all of the foregoing conditions and the termination of such obligations, which acknowledgement Administrative Agent agrees to provide unless any of the conditions to such termination have not been satisfied. This Section 16 shall under no circumstance be interpreted to terminate or limit any of Guarantor’s liabilities in Section 1 of this Guaranty except to the LLC Obligations, until extent such liabilities relate to Borrower’s obligations under the date upon which the LLC Obligations have been satisfied, upon which event, notwithstanding Environmental Agreement. Notwithstanding anything herein stated to the contrary, contrary in this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the LLC Obligations shall immediately and automatically terminate and expire; provided, however, that: (i) in the event that Borrower successfully exercises its right to terminate its continuing liability under the Environmental Agreement pursuant to and in accordance with the terms and conditions of a transfer of an interest in the Joint Development Agreement by EXCO PA and/or EXCO WVSection 7 thereof, Guarantor’s obligations hereunder pertaining to the JDA Obligations being transferred shall immediately and automatically terminate and expire if a direct or indirect parent company liability under clause (ii) of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the JDA Beneficiaries a guaranty of the transferred JDA Obligations in substantially the form Section 1 of this Guaranty (with respect to the extent pertaining to the JDA Obligations), and (ii) in the event its guaranty of a transfer of an interest in the LLC Agreement by Holding, GuarantorBorrower’s obligations hereunder pertaining under the Environmental Agreement (and only as to the LLC Obligations being transferred such obligations) shall immediately and automatically terminate and expire if a direct or indirect parent company of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the LLC Beneficiaries a guaranty of the transferred LLC Obligations in substantially the form of this Guaranty (to the extent pertaining to the LLC Obligations)terminate.

Term of Guaranty. This Guaranty shall continue in effecteffect until all the Guaranteed Obligations and all of the obligations of Guarantor to Administrative Agent and Lenders under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgement. Notwithstanding anything stated to the contrary in this Guaranty, in the event that Administrative Agent or its nominee or any third party takes record title to any portion of the Property following the exercise of Administrative Agent’s rights and remedies under the Loan Documents, Guarantor shall nonetheless have the right to terminate its continuing liability under clause (ii) of Section 1 of this Guaranty with respect to Borrower’s obligations under the Environmental Agreement (and only as to such obligations) with respect to such portion of the Property, upon fulfillment of each of the following conditions to the reasonable satisfaction of Administrative Agent with respect to such portion of the Property: (a) as Guarantor or Borrower shall have delivered to those provisions pertaining Administrative Agent a new environmental insurance policy which insures Administrative Agent (“New Environmental Insurance Policy”) and which: (i) is comparable to the JDA Obligations, until existing Environmental Insurance Policy approved by Administrative Agent except the policy limits shall be at least Five Million and No/100ths Dollars ($5,000,000) for each occurrence and in the aggregate with a retention of no greater than One Hundred Thousand and No/100ths Dollars ($100,000); and (ii) is issued by the same company as the existing Environmental Insurance Policy or a replacement company with an AM Best’s Rating equivalent or better than A- (Excellent)/IX; and (iii) has a term of one (1) year from the date upon which of issuance and shall be in “full force and effect” (i.e. shall have coverage under an extended reporting period of no less than three (3) years following the JDA Obligations have been satisfied, upon which event, notwithstanding anything herein to repayment of the contrary, this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the JDA Obligations shall immediately and automatically terminate and expireLoan in full); and (b) as Administrative Agent shall have received evidence that all premiums for the coverage described in clause (a)(iii) above under such New Environmental Insurance Policy have been prepaid in full. Such termination of Guarantor’s liability under clause (ii) of Section 1 of this Guaranty with respect to those provisions pertaining Borrower’s obligations under the Environmental Agreement, shall become effective only upon the delivery by Administrative Agent to Guarantor of a specific written acknowledgment of the satisfaction of all of the foregoing conditions and the termination of such obligations, which acknowledgement Administrative Agent agrees to provide unless any of the conditions to such termination have not been satisfied. This Section 16 shall under no circumstance be interpreted to terminate or limit any of Guarantor’s liabilities in Section 1 of this Guaranty except to the LLC Obligations, until extent such liabilities relate to Borrower’s obligations under the date upon which the LLC Obligations have been satisfied, upon which event, notwithstanding Environmental Agreement. Notwithstanding anything herein stated to the contrary, contrary in this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the LLC Obligations shall immediately and automatically terminate and expire; provided, however, that: (i) in the event that Borrower successfully exercises its right to terminate its continuing liability under the Environmental Agreement pursuant to and in accordance with the terms and conditions of a transfer of an interest in the Joint Development Agreement by EXCO PA and/or EXCO WVSection 7 thereof, Guarantor’s obligations hereunder pertaining to the JDA Obligations being transferred shall immediately and automatically terminate and expire if a direct or indirect parent company liability under clause (ii) of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the JDA Beneficiaries a guaranty of the transferred JDA Obligations in substantially the form Section 1 of this Guaranty (with respect to the extent pertaining to the JDA Obligations), and (ii) in the event its guaranty of a transfer of an interest in the LLC Agreement by Holding, GuarantorBorrower’s obligations hereunder pertaining under the Environmental Agreement (and only as to the LLC Obligations being transferred such obligations) shall immediately and automatically terminate and expire if a direct or indirect parent company of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the LLC Beneficiaries a guaranty of the transferred LLC Obligations in substantially the form of this Guaranty (to the extent pertaining to the LLC Obligations)terminate.

Term of Guaranty. This Guaranty shall continue in effecteffect until all the Guaranteed Obligations and all of the obligations of Guarantor to Administrative Agent and Lenders under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgement. Notwithstanding anything stated to the contrary in this Guaranty, in the event that Administrative Agent or its nominee or any third party takes record title to a Property of a Borrower (a “Released Borrower”) following the exercise of Administrative Agent’s rights and remedies under the Loan Documents, Guarantor shall nonetheless have the right to terminate its continuing liability under clause (ii) of Section 1 of this Guaranty with respect to the Released Borrower’s obligations under the Environmental Agreement delivered by the Released Borrower (and only as to such obligations), upon fulfillment of each of the following conditions to the reasonable satisfaction of Administrative Agent: (a) as Guarantor or the Released Borrower shall have delivered to those provisions pertaining Administrative Agent a new environmental insurance policy which insures Administrative Agent (“New Environmental Insurance Policy”) and which: (i) is comparable to the JDA Obligations, until existing Environmental Insurance Policy approved by Administrative Agent except the policy limits shall be at least $5,000,000 for each occurrence and in the aggregate with a retention of no greater than $100,000; and (ii) is issued by the same company as the existing Environmental Insurance Policy or a replacement company with an AM Best’s Rating equivalent or better than A‑ (Excellent)/IX; and (iii) has a term of one (1) year from the date upon which of issuance and shall be in “full force and effect” (i.e. shall have coverage under an extended reporting period of no less than three (3) years following the JDA Obligations have been satisfied, upon which event, notwithstanding anything herein to repayment of the contrary, this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the JDA Obligations shall immediately and automatically terminate and expireLoan in full); and (b) Administrative Agent shall have received evidence that all premiums for the coverage described in clause (a)(iii) above under such New Environmental Insurance Policy have been prepaid in full. Such termination of Guarantor’s liability under clause (ii) of Section 1 of this Guaranty with respect to a Released Borrower’s obligations under the Environmental Agreement delivered by such Released Borrower, shall become effective only upon the delivery by Administrative Agent to Guarantor of a specific written acknowledgment of the satisfaction of all of the foregoing conditions and the termination of such obligations, which acknowledgement Administrative Agent agrees to provide unless any of the conditions to such termination have not been satisfied. This Section 16 shall under no circumstance be interpreted to terminate or limit any of Guarantor’s liabilities in Section 1 of this Guaranty except to the extent such liabilities relate to a Released Borrower’s obligations under the Environmental Agreement delivered by such Released Borrower, and in no event shall this Section 16 be interpreted to terminate or limit Guarantor’s liabilities in Section 1 as to those provisions pertaining any other Borrower’s obligations under the Environmental Agreement delivered by such other Borrower unless and until the conditions of this Section 16 are satisfied as to such other Borrower. Notwithstanding anything stated to the LLC Obligations, until the date upon which the LLC Obligations have been satisfied, upon which event, notwithstanding anything herein to the contrary, contrary in this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the LLC Obligations shall immediately and automatically terminate and expire; provided, however, that: (i) in the event that a Borrower successfully exercises its right to terminate its continuing liability under the Environmental Agreement delivered by such Borrower pursuant to and in accordance with the terms and conditions of a transfer of an interest in the Joint Development Agreement by EXCO PA and/or EXCO WVSection 7 thereof, Guarantor’s obligations hereunder pertaining to the JDA Obligations being transferred shall immediately and automatically terminate and expire if a direct or indirect parent company liability under clause (ii) of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the JDA Beneficiaries a guaranty of the transferred JDA Obligations in substantially the form Section 1 of this Guaranty (with respect to the extent pertaining to the JDA Obligations), and (ii) in the event its guaranty of a transfer of an interest in the LLC Agreement by Holding, Guarantorsuch Borrower’s obligations hereunder pertaining under the Environmental Agreement delivered by such Borrower (and only as to the LLC Obligations being transferred such obligations) shall immediately and automatically terminate and expire if a direct or indirect parent company of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the LLC Beneficiaries a guaranty of the transferred LLC Obligations in substantially the form of this Guaranty (to the extent pertaining to the LLC Obligations)terminate.

Term of Guaranty. This Guaranty shall continue in effecteffect until all the Guaranteed Obligations and all of the obligations of Guarantor to Administrative Agent and Lenders under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgement. Notwithstanding anything stated to the contrary in this Guaranty, in the event that Administrative Agent or its nominee or any third party takes record title to any portion of the Property following the exercise of Administrative Agent’s rights and remedies under the Loan Documents, Guarantor shall nonetheless have the right to terminate its continuing liability under clause (ii) of Section 1 of this Guaranty with respect to Borrower’s obligations under the Environmental Agreement (and only as to such obligations) with respect to such portion of the Property, upon fulfillment of each of the following conditions to the reasonable satisfaction of Administrative Agent with respect to such portion of the Property: (a) as Guarantor or Borrower shall have delivered to those provisions pertaining Administrative Agent a new environmental insurance policy which insures Administrative Agent and Lenders (“New Environmental Insurance Policy”) and which: (i) is comparable to the JDA Obligations, until existing Environmental Insurance Policy approved by Lender except the policy limits shall be at least $5,000,000 for each occurrence and in the aggregate with a retention of no greater than $100,000; and (ii) is issued by the same company as the existing Environmental Insurance Policy or a replacement company with an AM Best’s Rating equivalent or better than A- (Excellent)/IX; and (iii) has a term of three (3) years from the date upon which the JDA Obligations have been satisfied, upon which event, notwithstanding anything herein to the contrary, this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the JDA Obligations shall immediately and automatically terminate and expireissuance; and (b) as Administrative Agent shall have received evidence that all premiums for three (3) years coverage under such New Environmental Insurance Policy have been prepaid in full. Such termination of Guarantor’s liability under clause (ii) of Section 1 of this Guaranty with respect to those provisions pertaining Borrower’s obligations under the Environmental Agreement, shall become effective only upon the delivery by Administrative Agent to Guarantor of a specific written acknowledgment of the satisfaction of all of the foregoing conditions and the termination of such obligations, which acknowledgement Administrative Agent agrees to provide unless any of the conditions to such termination have not been satisfied. This Section 16 shall under no circumstance be interpreted to terminate or limit any of Guarantor’s liabilities in Section 1 of this Guaranty except to the LLC Obligations, until extent such liabilities relate to Borrower’s obligations under the date upon which the LLC Obligations have been satisfied, upon which event, notwithstanding Environmental Agreement. Notwithstanding anything herein stated to the contrary, contrary in this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the LLC Obligations shall immediately and automatically terminate and expire; provided, however, that: (i) in the event that Borrower successfully exercises its right to terminate its continuing liability under the Environmental Agreement pursuant to and in accordance with the terms and conditions of a transfer of an interest in the Joint Development Agreement by EXCO PA and/or EXCO WVSection 7 thereof, Guarantor’s obligations hereunder pertaining to the JDA Obligations being transferred shall immediately and automatically terminate and expire if a direct or indirect parent company liability under clause (ii) of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the JDA Beneficiaries a guaranty of the transferred JDA Obligations in substantially the form Section 1 of this Guaranty (with respect to the extent pertaining to the JDA Obligations), and (ii) in the event its guaranty of a transfer of an interest in the LLC Agreement by Holding, GuarantorBorrower’s obligations hereunder pertaining under the Environmental Agreement (and only as to the LLC Obligations being transferred such obligations) shall immediately and automatically terminate and expire if a direct or indirect parent company of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the LLC Beneficiaries a guaranty of the transferred LLC Obligations in substantially the form of this Guaranty (to the extent pertaining to the LLC Obligations)terminate.

Term of Guaranty. This Guaranty shall continue in effecteffect until all the Guaranteed Obligations and all of the obligations of Guarantor to Administrative Agent and Lenders under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgement. Notwithstanding anything stated to the contrary in this Guaranty, in the event that Administrative Agent or its nominee or any third party takes record title to any portion of the Property following the exercise of Administrative Agent’s rights and remedies under the Loan Documents, Guarantor shall nonetheless have the right to terminate its continuing liability under clause (ii) of Section 1 of this Guaranty with respect to Borrower’s obligations under the Environmental Agreement (and only as to such obligations) with respect to such portion of the Property, upon fulfillment of each of the following conditions to the reasonable satisfaction of Administrative Agent with respect to such portion of the Property: (a) as Guarantor or Borrower shall have delivered to those provisions pertaining Administrative Agent a new environmental insurance policy which insures Lender (“New Environmental Insurance Policy”) and which: (i) is comparable to the JDA Obligations, until existing Environmental Insurance Policy approved by Lender except the policy limits shall be at least Five Million and No/100ths Dollars ($5,000,000) for each occurrence and in the aggregate with a retention of no greater than One Hundred Thousand and No/100ths Dollars ($100,000); and (ii) is issued by the same company as the existing Environmental Insurance Policy or a replacement company with an AM Best’s Rating equivalent or better than A‑ (Excellent)/IX; and (iii) has a term of three (3) years from the date upon which the JDA Obligations have been satisfied, upon which event, notwithstanding anything herein to the contrary, this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the JDA Obligations shall immediately and automatically terminate and expireissuance; and (b) as Administrative Agent shall have received evidence that all premiums for three (3) years coverage under such New Environmental Insurance Policy have been prepaid in full. Such termination of Guarantor’s liability under clause (ii) of Section 1 of this Guaranty with respect to those provisions pertaining Borrower’s obligations under the Environmental Agreement, shall become effective only upon the delivery by Administrative Agent to Guarantor of a specific written acknowledgment of the satisfaction of all of the foregoing conditions and the termination of such obligations, which acknowledgement Administrative Agent agrees to provide unless any of the conditions to such termination have not been satisfied. This Section 16 shall under no circumstance be interpreted to terminate or limit any of Guarantor’s liabilities in Section 1 of this Guaranty except to the LLC Obligations, until extent such liabilities relate to Borrower’s obligations under the date upon which the LLC Obligations have been satisfied, upon which event, notwithstanding Environmental Agreement. Notwithstanding anything herein stated to the contrary, contrary in this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the LLC Obligations shall immediately and automatically terminate and expire; provided, however, that: (i) in the event that Borrower successfully exercises its right to terminate its continuing liability under the Environmental Agreement pursuant to and in accordance with the terms and conditions of a transfer of an interest in the Joint Development Agreement by EXCO PA and/or EXCO WVSection 7 thereof, Guarantor’s obligations hereunder pertaining to the JDA Obligations being transferred shall immediately and automatically terminate and expire if a direct or indirect parent company liability under clause (ii) of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the JDA Beneficiaries a guaranty of the transferred JDA Obligations in substantially the form Section 1 of this Guaranty (with respect to the extent pertaining to the JDA Obligations), and (ii) in the event its guaranty of a transfer of an interest in the LLC Agreement by Holding, GuarantorBorrower’s obligations hereunder pertaining under the Environmental Agreement (and only as to the LLC Obligations being transferred such obligations) shall immediately and automatically terminate and expire if a direct or indirect parent company of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the LLC Beneficiaries a guaranty of the transferred LLC Obligations in substantially the form of this Guaranty (to the extent pertaining to the LLC Obligations)terminate.

Term of Guaranty. This Guaranty shall continue in effecteffect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgement. Notwithstanding anything stated to the contrary in this Guaranty, in the event that Lender or its nominee or any third party takes record title to a Property of a Borrower (a “Released Borrower”) following the exercise of Lender’s rights and remedies under the Loan Documents, Guarantor shall nonetheless have the right to terminate its continuing liability under clause (ii) of Section 1(a) of this Guaranty with respect to the Released Borrower’s obligations under the Environmental Agreement delivered by the Released Borrower (and only as to such obligations), upon fulfillment of each of the following conditions to the reasonable satisfaction of Lender: (a) as Guarantor or the Released Borrower shall have delivered to those provisions pertaining Lender a new environmental insurance policy which insures Lender (“New Environmental Insurance Policy”) and which: (i) is comparable to the JDA Obligations, until existing Environmental Insurance Policy approved by Lender except the policy limits shall be at least $5,000,000 for each occurrence and in the aggregate with a retention of no greater than $100,000; and (ii) is issued by the same company as the existing Environmental Insurance Policy or a replacement company with an AM Best’s Rating equivalent or better than A‑ (Excellent)/IX; and (iii) has a term of three (3) years from the date upon which the JDA Obligations have been satisfied, upon which event, notwithstanding anything herein to the contrary, this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the JDA Obligations shall immediately and automatically terminate and expireissuance; and (b) Lender shall have received evidence that all premiums for three (3) years coverage under such New Environmental Insurance Policy have been prepaid in full. Such termination of Guarantor’s liability under clause (ii) of Section 1(a) of this Guaranty with respect to a Released Borrower’s obligations under the Environmental Agreement delivered by such Released Borrower, shall become effective only upon the delivery by Lender to Guarantor of a specific written acknowledgment of the satisfaction of all of the foregoing conditions and the termination of such obligations, which acknowledgement Lender agrees to provide unless any of the conditions to such termination have not been satisfied. This Section 16 shall under no circumstance be interpreted to terminate or limit any of Guarantor’s liabilities in Section 1(a) of this Guaranty except to the extent such liabilities relate to a Released Borrower’s obligations under the Environmental Agreement delivered by such Released Borrower, and in no event shall this Section 16 be interpreted to terminate or limit Guarantor’s liabilities in Section 1(a) as to those provisions pertaining any other Borrower’s obligations under the Environmental Agreement delivered by such other Borrower unless and until the conditions of this Section 16 are satisfied as to such other Borrower. Notwithstanding anything stated to the LLC Obligations, until the date upon which the LLC Obligations have been satisfied, upon which event, notwithstanding anything herein to the contrary, contrary in this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the LLC Obligations shall immediately and automatically terminate and expire; provided, however, that: (i) in the event that a Borrower successfully exercises its right to terminate its continuing liability under the Environmental Agreement delivered by such Borrower pursuant to and in accordance with the terms and conditions of a transfer of an interest in the Joint Development Agreement by EXCO PA and/or EXCO WVSection 7 thereof, Guarantor’s obligations hereunder pertaining to the JDA Obligations being transferred shall immediately and automatically terminate and expire if a direct or indirect parent company liability under clause (ii) of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the JDA Beneficiaries a guaranty of the transferred JDA Obligations in substantially the form Section 1(a) of this Guaranty (with respect to the extent pertaining to the JDA Obligations), and (ii) in the event its guaranty of a transfer of an interest in the LLC Agreement by Holding, Guarantorsuch Borrower’s obligations hereunder pertaining under the Environmental Agreement delivered by such Borrower (and only as to the LLC Obligations being transferred such obligations) shall immediately and automatically terminate and expire if a direct or indirect parent company of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the LLC Beneficiaries a guaranty of the transferred LLC Obligations in substantially the form of this Guaranty (to the extent pertaining to the LLC Obligations)terminate.

Term of Guaranty. This Guaranty shall continue in effecteffect until all the Guaranteed Obligations and all of the obligations of Guarantor to Administrative Agent and Lenders under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgement. Notwithstanding anything stated to the contrary in this Guaranty, in the event that Administrative Agent or its nominee or any third party takes record title to a Property of a Borrower (a “Released Borrower”) following the exercise of Administrative Agent’s rights and remedies under the Loan Documents, Guarantor shall nonetheless have the right to terminate its continuing liability under clause (ii) of Section 1 of this Guaranty with respect to the Released Borrower’s obligations under the Environmental Agreement delivered by the Released Borrower (and only as to such obligations), upon fulfillment of each of the following conditions to the reasonable satisfaction of Administrative Agent: (a) as Guarantor or the Released Borrower shall have delivered to those provisions pertaining Administrative Agent a new environmental insurance policy which insures Administrative Agent (“New Environmental Insurance Policy”) and which: (i) is comparable to the JDA Obligations, until existing Environmental Insurance Policy approved by Administrative Agent except the policy limits shall be at least $5,000,000 for each occurrence and in the aggregate with a retention of no greater than $100,000; and (ii) is issued by the same company as the existing Environmental Insurance Policy or a replacement company with an AM Best’s Rating equivalent or better than A‑ (Excellent)/IX; and (iii) has a term of one (1) year from the date upon which of issuance and shall be in “full force and effect” (i.e. shall have coverage under an extended reporting period of no less than three (3) years following the JDA Obligations have been satisfied, upon which event, notwithstanding anything herein date title to the contrary, this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the JDA Obligations shall immediately and automatically terminate and expireapplicable Property is so taken); and (b) Administrative Agent shall have received evidence that all premiums for the coverage described in clause (a)(iii) above under such New Environmental Insurance Policy have been prepaid in full. Such termination of Guarantor’s liability under clause (ii) of Section 1 of this Guaranty with respect to a Released Borrower’s obligations under the Environmental Agreement delivered by such Released Borrower, shall become effective only upon the delivery by Administrative Agent to Guarantor of a specific written acknowledgment of the satisfaction of all of the foregoing conditions and the termination of such obligations, which acknowledgment Administrative Agent agrees to provide unless any of the conditions to such termination have not been satisfied. This Section 16 shall under no circumstance be interpreted to terminate or limit any of Guarantor’s liabilities in Section 1 of this Guaranty except to the extent such liabilities relate to a Released Borrower’s obligations under the Environmental Agreement delivered by such Released Borrower, and in no event shall this Section 16 be interpreted to terminate or limit Guarantor’s liabilities in Section 1 as to those provisions pertaining any other Borrower’s obligations under the Environmental Agreement delivered by such other Borrower unless and until the conditions of this Section 16 are satisfied as to such other Borrower. Notwithstanding anything stated to the LLC Obligations, until the date upon which the LLC Obligations have been satisfied, upon which event, notwithstanding anything herein to the contrary, contrary in this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the LLC Obligations shall immediately and automatically terminate and expire; provided, however, that: (i) in the event that a Borrower successfully exercises its right to terminate its continuing liability under the Environmental Agreement delivered by such Borrower pursuant to and in accordance with the terms and conditions of a transfer of an interest in the Joint Development Agreement by EXCO PA and/or EXCO WVSection 7 thereof, Guarantor’s obligations hereunder pertaining to the JDA Obligations being transferred shall immediately and automatically terminate and expire if a direct or indirect parent company liability under clause (ii) of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the JDA Beneficiaries a guaranty of the transferred JDA Obligations in substantially the form Section 1 of this Guaranty (with respect to the extent pertaining to the JDA Obligations), and (ii) in the event its guaranty of a transfer of an interest in the LLC Agreement by Holding, Guarantorsuch Borrower’s obligations hereunder pertaining under the Environmental Agreement delivered by such Borrower (and only as to the LLC Obligations being transferred such obligations) shall immediately and automatically terminate and expire if a direct or indirect parent company of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the LLC Beneficiaries a guaranty of the transferred LLC Obligations in substantially the form of this Guaranty (to the extent pertaining to the LLC Obligations)terminate.

Term of Guaranty. This Guaranty shall continue in effecteffect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgement. Notwithstanding anything stated to the contrary in this Guaranty, in the event that Lender or its nominee or any third party takes record title to the Property following the exercise of Lender’s rights and remedies under the Loan Documents, Guarantor shall nonetheless have the right to terminate its continuing liability under clause (ii) of Section 1 of this Guaranty with respect to Borrower’s obligations under the Environmental Agreement (and only as to such obligations), upon fulfillment of each of the following conditions to the reasonable satisfaction of Lender: (a) as Guarantor or Borrower shall have delivered to those provisions pertaining Lender a new environmental insurance policy which insures Lender (“New Environmental Insurance Policy”) and which: (i) is comparable to the JDA Obligations, until existing Environmental Insurance Policy approved by Lender except the policy limits shall be at least $5,000,000 for each occurrence and in the aggregate with a retention of no greater than $100,000; and (ii) is issued by the same company as the existing Environmental Insurance Policy or a replacement company with an AM Best’s Rating equivalent or better than A- (Excellent)/IX; and (iii) has a term of three (3) years from the date upon which the JDA Obligations have been satisfied, upon which event, notwithstanding anything herein to the contrary, this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the JDA Obligations shall immediately and automatically terminate and expireissuance; and (b) as Lender shall have received evidence that all premiums for three (3) years coverage under such New Environmental Insurance Policy have been prepaid in full. Such termination of Guarantor’s liability under clause (ii) of Section 1 of this Guaranty with respect to those provisions pertaining Borrower’s obligations under the Environmental Agreement, shall become effective only upon the delivery by Lender to Guarantor of a specific written acknowledgment of the satisfaction of all of the foregoing conditions and the termination of such obligations, which acknowledgement Lender agrees to provide unless any of the conditions to such termination have not been satisfied. This Section 17 shall under no circumstance be interpreted to terminate or limit any of Guarantor’s liabilities in Section 1 of this Guaranty except to the LLC Obligations, until extent such liabilities relate to Borrower’s obligations under the date upon which the LLC Obligations have been satisfied, upon which event, notwithstanding Environmental Agreement. Notwithstanding anything herein stated to the contrary, contrary in this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the LLC Obligations shall immediately and automatically terminate and expire; provided, however, that: (i) in the event that Borrower successfully exercises its right to terminate its continuing liability under the Environmental Agreement pursuant to and in accordance with the terms and conditions of a transfer of an interest in the Joint Development Agreement by EXCO PA and/or EXCO WVSection 7 thereof, Guarantor’s obligations hereunder pertaining to the JDA Obligations being transferred shall immediately and automatically terminate and expire if a direct or indirect parent company liability under clause (ii) of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the JDA Beneficiaries a guaranty of the transferred JDA Obligations in substantially the form Section 1 of this Guaranty (with respect to the extent pertaining to the JDA Obligations), and (ii) in the event its guaranty of a transfer of an interest in the LLC Agreement by Holding, GuarantorBorrower’s obligations hereunder pertaining under the Environmental Agreement (and only as to the LLC Obligations being transferred such obligations) shall immediately and automatically terminate and expire if a direct or indirect parent company of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the LLC Beneficiaries a guaranty of the transferred LLC Obligations in substantially the form of this Guaranty (to the extent pertaining to the LLC Obligations)terminate.

Term of Guaranty. This Guaranty shall continue in effect: (a) as to those provisions pertaining to the JDA Obligations, until the date upon which the JDA Obligations have been satisfied, upon which event, notwithstanding anything herein to the contrary, this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the JDA Obligations shall immediately and automatically terminate and expire; and (b) as to those provisions pertaining to the LLC Obligations, until the date upon which the LLC Obligations have been satisfied, upon which event, notwithstanding anything herein to the contrary, this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the LLC Obligations shall immediately and automatically terminate and expire; provided, however, that: (i) in the event of a transfer of an interest in the Joint Development Agreement by EXCO BG PA and/or EXCO BG WV, Guarantor’s obligations hereunder pertaining to the JDA Obligations being transferred shall immediately and automatically terminate and expire if a direct or indirect parent company of the transferee with a comparable long-term credit rating from Standard & Poor’s Ratings Group of not less than “BB-” or better a long-term credit quality to the credit quality rating from Xxxxx’x Investors Service, Inc. of Guarantor on the Closing Date not less than “Ba3” provides the JDA Beneficiaries a guaranty of the transferred JDA Obligations in substantially the form of this Guaranty (to the extent pertaining to the JDA Obligations), and (ii) in the event of a transfer of an interest in the LLC Agreement by HoldingBGPC, Guarantor’s obligations hereunder pertaining to the LLC Obligations being transferred shall immediately and automatically terminate and expire if a direct or indirect parent company of the transferee with a comparable long-term credit rating from Standard & Poor’s Ratings Group of not less than “BB-” or better a long-term credit quality to the credit quality rating from Xxxxx’x Investors Service, Inc. of Guarantor on the Closing Date not less than “Ba3” provides the LLC Beneficiaries a guaranty of the transferred LLC Obligations in substantially the form of this Guaranty (to the extent pertaining to the LLC Obligations).

Term of Guaranty. This Guaranty shall continue in effect: full force and effect until the earlier of (a) as to those provisions pertaining to the JDA Obligations, until the date upon on which (a) Guarantor receives written notice from Guaranteed Party of its unilateral decision to terminate this Guaranty at any time in its sole discretion, or (b) the date on which the JDA Obligations have been satisfiedMarket Participant’s Market Participant(b) Guaranteed Party provides its written consent, upon which eventconsent shall not be unreasonably withheld, notwithstanding anything herein to the contrary, Guarantor’s written request to terminate this Guaranty, provided however, that Guaranteed Party shall not consider such written request until Market Participant has provided adequate financial assurance in accordance with the Financial Assurance Policy without taking into consideration this Guaranty; or (c) the Market Participant’s Financial Assurance Requirement is no longer in effect under the Tariff and all of Guarantor’s obligations hereunder, amounts owed by Market Participant pursuant to the extent pertaining Agreements have been indefeasibly paid in full and are not subject to any bankruptcy preference period or any other disgorgement, including any amounts owed as a result of true-ups or other corrections to settlements of obligations owed or incurred while the JDA Obligations Agreements and this Guaranty are in effect. For clarification and confirmation, any notice given by Guaranteed Party to Market Participant (including, without limitation, any notice notifying the Market Participant that this Guaranty is or will no longer be considered for purposes of the Corporate Liquidity Assessment under the Financial Assurance Policy) under any of the Agreements, including, without limitation, the Financial Assurance Policy, shall immediately not, and automatically terminate and expire; and Guarantor hereby agrees that the same shall not, constitute written notice under Section 9(a) or written consent under Section (b) hereof. This Guaranty may be enforced by Guaranteed Party from time to time and as to those provisions pertaining often as occasion for such enforcement may arise prior to the LLC Obligationsexpiration or termination hereof. This Guaranty shall survive and continue to bind Guarantor following any merger, until the date upon which the LLC Obligations have been satisfiedreorganization, upon which eventconsolidation, notwithstanding anything herein to the contrary, this Guaranty, and all of or other change in Market Participant’s or Guarantor’s obligations hereunder, to the extent pertaining to the LLC Obligations shall immediately and automatically terminate and expire; provided, however, that: (i) in the event of a transfer of an interest in the Joint Development Agreement by EXCO PA and/or EXCO WV, Guarantor’s obligations hereunder pertaining to the JDA Obligations being transferred shall immediately and automatically terminate and expire if a direct structure or indirect parent company of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the JDA Beneficiaries a guaranty of the transferred JDA Obligations in substantially the form of this Guaranty (to the extent pertaining to the JDA Obligations), and (ii) in the event of a transfer of an interest in the LLC Agreement by Holding, Guarantor’s obligations hereunder pertaining to the LLC Obligations being transferred shall immediately and automatically terminate and expire if a direct or indirect parent company of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the LLC Beneficiaries a guaranty of the transferred LLC Obligations in substantially the form of this Guaranty (to the extent pertaining to the LLC Obligations)business affairs.

Term of Guaranty. This Guaranty shall continue in effecteffect until all the Guaranteed Obligations and all of the obligations of Guarantor to Administrative Agent and Lenders under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgement. Notwithstanding anything stated to the contrary in this Guaranty, in the event that Administrative Agent or its nominee or any third party takes record title to any portion of the Property following the exercise of Administrative Agent’s rights and remedies under the Loan Documents, Guarantor shall nonetheless have the right to terminate its continuing liability under clause (ii) of Section 1 of this Guaranty with respect to Borrower’s obligations under the Environmental Agreement (and only as to such obligations) with respect to such portion of the Property, upon fulfillment of each of the following conditions to the reasonable satisfaction of Administrative Agent with respect to such portion of the Property: (a) as Guarantor or Borrower shall have delivered to those provisions pertaining Administrative Agent a new environmental insurance policy which insures Lender (“New Environmental Insurance Policy”) and which: (i) is comparable to the JDA Obligations, until existing Environmental Insurance Policy approved by Lender except the policy limits shall be at least $5,000,000 for each occurrence and in the aggregate with a retention of no greater than $100,000; and (ii) is issued by the same company as the existing Environmental Insurance Policy or a replacement company with an AM Best’s Rating equivalent or better than A‑ (Excellent)/IX; and (iii) has a term of three (3) years from the date upon which the JDA Obligations have been satisfied, upon which event, notwithstanding anything herein to the contrary, this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the JDA Obligations shall immediately and automatically terminate and expireissuance; and (b) as Administrative Agent shall have received evidence that all premiums for three (3) years coverage under such New Environmental Insurance Policy have been prepaid in full. Such termination of Guarantor’s liability under clause (ii) of Section 1 of this Guaranty with respect to those provisions pertaining Borrower’s obligations under the Environmental Agreement, shall become effective only upon the delivery by Administrative Agent to Guarantor of a specific written acknowledgment of the satisfaction of all of the foregoing conditions and the termination of such obligations, which acknowledgement Administrative Agent agrees to provide unless any of the conditions to such termination have not been satisfied. This Section 16 shall under no circumstance be interpreted to terminate or limit any of Guarantor’s liabilities in Section 1 of this Guaranty except to the LLC Obligations, until extent such liabilities relate to Borrower’s obligations under the date upon which the LLC Obligations have been satisfied, upon which event, notwithstanding Environmental Agreement. Notwithstanding anything herein stated to the contrary, contrary in this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the LLC Obligations shall immediately and automatically terminate and expire; provided, however, that: (i) in the event that Borrower successfully exercises its right to terminate its continuing liability under the Environmental Agreement pursuant to and in accordance with the terms and conditions of a transfer of an interest in the Joint Development Agreement by EXCO PA and/or EXCO WVSection 7 thereof, Guarantor’s obligations hereunder pertaining to the JDA Obligations being transferred shall immediately and automatically terminate and expire if a direct or indirect parent company liability under clause (ii) of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the JDA Beneficiaries a guaranty of the transferred JDA Obligations in substantially the form Section 1 of this Guaranty (with respect to the extent pertaining to the JDA Obligations), and (ii) in the event its guaranty of a transfer of an interest in the LLC Agreement by Holding, GuarantorBorrower’s obligations hereunder pertaining under the Environmental Agreement (and only as to the LLC Obligations being transferred such obligations) shall immediately and automatically terminate and expire if a direct or indirect parent company of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the LLC Beneficiaries a guaranty of the transferred LLC Obligations in substantially the form of this Guaranty (to the extent pertaining to the LLC Obligations)terminate.

Term of Guaranty. This Guaranty shall continue in effecteffect until all the Guaranteed Obligations and all of the obligations of Guarantor to Administrative Agent and Lenders under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgement. Notwithstanding anything stated to the contrary in this Guaranty, in the event that Administrative Agent or its nominee or any third party takes record title to a Property of a Borrower (a “Released Borrower”) following the exercise of Administrative Agent’s rights and remedies under the Loan Documents, Guarantor shall nonetheless have the right to terminate its continuing liability under clause (ii) of Section 2 of this Guaranty with respect to the Released Borrower’s obligations under the Environmental Agreement delivered by the Released Borrower (and only as to such obligations), upon fulfillment of each of the following conditions to the reasonable satisfaction of Administrative Agent: (a) as Guarantor or the Released Borrower shall have delivered to those provisions pertaining Administrative Agent a new environmental insurance policy which insures Administrative Agent (“New Environmental Insurance Policy”) and which: (i) is comparable to the JDA Obligations, until existing Environmental Insurance Policy approved by Administrative Agent except the policy limits shall be at least $5,000,000 for each occurrence and in the aggregate with a retention of no greater than $100,000; and (ii) is issued by the same company as the existing Environmental Insurance Policy or a replacement company with an AM Best’s Rating equivalent or better than A‑ (Excellent)/IX; and (iii) has a term of one (1) year from the date upon which of issuance and shall be in “full force and effect” (i.e. shall have coverage under an extended reporting period of no less than three (3) years following the JDA Obligations have been satisfied, upon which event, notwithstanding anything herein date title to the contrary, this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the JDA Obligations shall immediately and automatically terminate and expireapplicable Property is so taken); and (b) Administrative Agent shall have received evidence that all premiums for the coverage described in clause (a)(iii) above under such New Environmental Insurance Policy have been prepaid in full. Such termination of Guarantor’s liability under clause (ii) of Section 2 of this Guaranty with respect to a Released Borrower’s obligations under the Environmental Agreement delivered by such Released Borrower, shall become effective only upon the delivery by Administrative Agent to Guarantor of a specific written acknowledgment of the satisfaction of all of the foregoing conditions and the termination of such obligations, which acknowledgement Administrative Agent agrees to provide unless any of the conditions to such termination have not been satisfied. This Section 17 shall under no circumstance be interpreted to terminate or limit any of Guarantor’s liabilities in Section 2 of this Guaranty except to the extent such liabilities relate to a Released Borrower’s obligations under the Environmental Agreement delivered by such Released Borrower, and in no event shall this Section 17 be interpreted to terminate or limit Guarantor’s liabilities in Section 2 as to those provisions pertaining any other Borrower’s obligations under the Environmental Agreement delivered by such other Borrower unless and until the conditions of this Section 16 are satisfied as to such other Borrower. Notwithstanding anything stated to the LLC Obligations, until the date upon which the LLC Obligations have been satisfied, upon which event, notwithstanding anything herein to the contrary, contrary in this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the LLC Obligations shall immediately and automatically terminate and expire; provided, however, that: (i) in the event that a Borrower successfully exercises its right to terminate its continuing liability under the Environmental Agreement delivered by such Borrower pursuant to and in accordance with the terms and conditions of a transfer of an interest in the Joint Development Agreement by EXCO PA and/or EXCO WVSection 7 thereof, Guarantor’s obligations hereunder pertaining to the JDA Obligations being transferred shall immediately and automatically terminate and expire if a direct or indirect parent company liability under clause (ii) of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the JDA Beneficiaries a guaranty of the transferred JDA Obligations in substantially the form Section 2 of this Guaranty (with respect to the extent pertaining to the JDA Obligations), and (ii) in the event its guaranty of a transfer of an interest in the LLC Agreement by Holding, Guarantorsuch Borrower’s obligations hereunder pertaining under the Environmental Agreement delivered by such Borrower (and only as to the LLC Obligations being transferred such obligations) shall immediately and automatically terminate and expire if a direct or indirect parent company of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the LLC Beneficiaries a guaranty of the transferred LLC Obligations in substantially the form of this Guaranty (to the extent pertaining to the LLC Obligations)terminate.

Term of Guaranty. This Guaranty shall continue in effecteffect until all the Guaranteed Obligations and all of the obligations of Guarantor to Lender under this Guaranty are fully and finally paid, performed and discharged and are not subject to any bankruptcy preference period or any other disgorgement. Notwithstanding anything stated to the contrary in this Guaranty, in the event that Lender or its nominee or any third party takes record title to a Property of a Borrower (a “Released Borrower”) following the exercise of Lender’s rights and remedies under the Loan Documents, Guarantor shall nonetheless have the right to terminate its continuing liability under clause (ii) of Section 1 of this Guaranty with respect to the Released Borrower’s obligations under the Environmental Agreement delivered by the Released Borrower (and only as to such obligations), upon fulfillment of each of the following conditions to the reasonable satisfaction of Lender: (a) as Guarantor or the Released Borrower shall have delivered to those provisions pertaining Lender a new environmental insurance policy which insures Lender (“New Environmental Insurance Policy”) and which: (i) is comparable to the JDA Obligations, until existing Environmental Insurance Policy approved by Lender except the policy limits shall be at least $5,000,000 for each occurrence and in the aggregate with a retention of no greater than $100,000; and (ii) is issued by the same company as the existing Environmental Insurance Policy or a replacement company with an AM Best’s Rating equivalent or better than A- (Excellent)/IX; and (iii) has a term of three (3) years from the date upon which the JDA Obligations have been satisfied, upon which event, notwithstanding anything herein to the contrary, this Guaranty, and all of Guarantor’s obligations hereunder, to the extent pertaining to the JDA Obligations shall immediately and automatically terminate and expireissuance; and (b) as to those provisions pertaining to the LLC Obligations, until the date upon which the LLC Obligations Lender shall have received evidence that all premiums for three (3) years coverage under such New Environmental Insurance Policy have been satisfied, upon which event, notwithstanding anything herein to the contrary, this Guaranty, and all prepaid in full. Such termination of Guarantor’s liability under clause (ii) of Section 1 of this Guaranty with respect to a Released Borrower’s obligations hereunderunder the Environmental Agreement delivered by such Released Borrower, shall become effective only upon the delivery by Lender to Guarantor of a specific written acknowledgment of the satisfaction of all of the foregoing conditions and the termination of such obligations, which acknowledgement Lender agrees to provide unless any of the conditions to such termination have not been satisfied. This Section 17 shall under no circumstance be interpreted to terminate or limit any of Guarantor’s liabilities in Section 1 of this Guaranty except to the extent pertaining such liabilities relate to a Released Borrower’s obligations under the LLC Obligations Environmental Agreement delivered by such Released Borrower, and in no event shall immediately and automatically this Section 17 be interpreted to terminate and expire; provided, however, that: (i) in the event of a transfer of an interest in the Joint Development Agreement by EXCO PA and/or EXCO WV, or limit Guarantor’s liabilities in Section 1 as to any other Borrower’s obligations hereunder pertaining to under the JDA Obligations being transferred shall immediately Environmental Agreement delivered by such other Borrower unless and automatically terminate and expire if a direct or indirect parent company of until the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the JDA Beneficiaries a guaranty of the transferred JDA Obligations in substantially the form conditions of this Guaranty (Section 17 are satisfied as to the extent pertaining to the JDA Obligations), and (ii) in the event of a transfer of an interest in the LLC Agreement by Holding, Guarantor’s obligations hereunder pertaining to the LLC Obligations being transferred shall immediately and automatically terminate and expire if a direct or indirect parent company of the transferee with a comparable or better credit quality to the credit quality of Guarantor on the Closing Date provides the LLC Beneficiaries a guaranty of the transferred LLC Obligations in substantially the form of this Guaranty (to the extent pertaining to the LLC Obligations).such other