Notwithstanding anything to the contrary in any Loan Document, no Guarantor shall be deemed under this [Article XI] to be a guarantor of any Swap Obligations if such Guarantor was not an “eligible contract participant” as defined in § 1a(18) of the Commodity Exchange Act, at the time the guarantee under this [Article XI] becomes effective with respect to such Swap Obligation and to the extent that the providing of such guarantee by such Guarantor would violate the Commodity Exchange Act; provided however that in determining whether any Guarantor is an “eligible contract participant” under the Commodity Exchange Act, the guarantee of the Obligations of such Guarantor under this [Article XI] by a Guarantor that is also a Qualified ECP Guarantor shall be taken into account.

Notwithstanding anything to the contrary in any LoanTransaction Document, nothe Guarantor shall not be deemed under this [Article XI] to beguarantee, become jointly and severally obligated for or pledge assets in support of a guarantor“swap,” as defined in Section 1(a)(47) of the Commodity Exchange Act (“CEA”), of any Swap ObligationsCredit Party if suchat the time that swap is entered into, the Guarantor wasis not an “eligible contract participant” as defined in § 1a([Section 1(a)(18)] of the Commodity Exchange Act, at the time the guarantee under this [Article XI] becomes effective with respect to such Swap Obligation and to the extent that the providing of such guarantee by such Guarantor would violate the Commodity Exchange Act; provided however that in determining whether any Guarantor is an “eligible contract participant” under the Commodity Exchange Act, the guarantee of the Obligations of such Guarantor under this [Article XI] by a Guarantor that is also a Qualified ECP Guarantor shall be taken into account.CEA.

Without limiting anything to the contrary in any Loan Document, no Guarantor shall be deemed under this [Article XI], each Qualified ECP Guarantor hereby jointly and severally absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be a guarantor of any Swap Obligations if suchneeded from time to time to each Guarantor wasthat is not an “eligible contract participant” as defined in § 1a(18) ofunder the Commodity Exchange Act,Act at the time the guarantee under this [Article XI] becomes effective with respect to suchany Swap Obligation andObligation, to the extent that the providing of such guarantee by such Guarantor would violate the Commodity Exchange Act; provided however that in determining whether any Guarantor is an “eligible contract participant” under the Commodity Exchange Act, the guaranteehonor all of the Obligations of such Guarantor under this [Article XI] by a Guarantorin respect of such Swap Obligations (provided, however, that is also aeach Qualified ECP Guarantor shall only be taken into account.liable under this [Section 11.11] for the maximum amount of such liability that can be hereby incurred without rendering its undertaking under this [Section 11.11], or otherwise under this [Article XI], voidable under applicable Laws relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The undertaking of each Qualified ECP Guarantor under this [Section 11.11] shall remain in full force and effect until termination of the Commitments and payment in full of all Loans and other Obligations. Each Qualified ECP Guarantor intends that this [Section 11.11] constitute, and this [Section 11.11] shall be deemed to constitute, a “keepwell, support, or other agreement” for the benefit of each Guarantor that would otherwise not constitute an “eligible contract participant” under the Commodity Exchange Act.