Bonds. ​ shall furnish to ​ and maintain such Payment and Performance Bonds with respect to the obligations of General Contractor or Subguard Insurance to the extent required hereunder. In the event that any payments under any such Payment and Performance Bonds or Subguard Insurance are issued jointly to ​ and ​, ​ shall endorse any such jointly issued payments to the order of ​, promptly upon ​’s demand.

Payment and Performance Bonds. The ​ shall cause Payment and Performance Bonds, in form and substance satisfactory to the ​

Bonds, Letters of Credit or Guarantees. Except as set forth on [Schedule 6.1(r)], Farmor has no bonds, letters of credit or guarantees posted with the Government with respect to the Contract, and any bond, letter of credit or guarantee or similar instrument required by the Contract to be posted with the Government as of the Execution Date has been posted.

Transfer into Escrow of Funds and Bonds. Contemporaneously herewith, NatWest USA has provided to the Escrow Agent immediately available funds in the amount of the Bond Price, representing the sale price of the Bonds, and the Escrow Agent acknowledges receipt of said immediately available funds. The Escrow Agent hereby agrees to hold, invest, and disburse said funds and earnings thereon (herein called the “Escrow Fund”) in accordance with the provisions of this Agreement. Contemporaneously herewith Seller and the Subsidiaries have delivered to the Escrow Agent each Bond listed on [Exhibit A] hereto and the Escrow Agent acknowledges receipt of the Bonds (except for the last-mentioned Bond on [Exhibit A] hereto, which shall be delivered pursuant to [Section 2] of the Bond Purchase Agreement). The Escrow Agent agrees to hold and deliver the Bonds in accordance with the provisions of this Agreement.

Specified Indebtedness in respect of # bid bonds, performance bonds, surety bonds and similar obligations, in each case, incurred by Borrower or any of its Restricted Subsidiaries in the ordinary course of business, # appeal bonds in respect of judgments not constituting an Event of Default under [[Section 7.01(k) and (3)])]])] guarantees or obligations with respect to letters of credit supporting such bid bonds, performance bonds, surety bonds, appeal bonds and similar obligations;

“Transition Bonds” means bonds described as “transition bonds” in the New Jersey Transition Bond Statute.

Indebtedness of any Loan Party in respect of performance bonds, bid bonds, appeal bonds, surety bonds and similar obligations, in each case provided in the ordinary course of business;

obligations (but not payments thereon) with respect to homeowners association obligations, community facility district bonds, metro district bonds, mello-roos bonds and subdivision improvement bonds and similar bonding requirements arising in the ordinary course of business of a homebuilder;

The Series B Bonds and the Trustee’s Certificate to be inscribed on all Bonds of said series, are to be substantially in the forms following:

Indebtedness consisting of # unsecured guarantees incurred in the ordinary course of business with respect to surety and appeal bonds, performance bonds, bid bonds, appeal bonds, completion guarantee and similar obligations; # unsecured guarantees arising with respect to customary indemnification obligations to purchasers in connection with Permitted Dispositions; and # unsecured guarantees with respect to Indebtedness of Borrower or any other Subsidiary of Parent, to the extent that the Person that is obligated under such guaranty could have incurred such underlying Indebtedness,