Common use of Execution and Delivery of Subsidiary Guarantee Clause in Contracts

Execution and Delivery of Subsidiary Guarantee. To further evidence the Note Guarantee set forth in Section 10.01, each Guarantor hereby agrees, on the Issue Date, that a notation of such Note Guarantee, substantially in the form included in Exhibit F hereto, shall be endorsed on each Note authenticated and delivered by the Trustee on the Issue Date and such Note Guarantee shall be executed by either manual or facsimile signature of an Officer or an Officer of a general partner, as the case may be, of each Guarantor. In the event a Guarantor becomes a Guarantor after the Issue Date, if required by Section 4.18, such Guarantor will be required to execute a supplemental indenture to this Indenture and a Note Guarantee, in accordance with Section 4.18 and this Article 10.02, to the extent applicable. The validity and enforceability of any Note Guarantee shall not be affected by the fact that it is not affixed to any particular Note. Each of the Guarantors hereby agrees that its Note Guarantee set forth in Section 10.01 shall be in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note Guarantee is endorsed or at any time thereafter, such Guarantor’s Guarantee of such Note shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any Guarantee executed in accordance with this Section 10.2 set forth in this Indenture on behalf of the Guarantor.

Execution and Delivery of Subsidiary Guarantee. To further evidence the Note its Subsidiary Guarantee set forth in Section 10.01, each Guarantor hereby agrees, on the Issue Date, agrees that a notation of such Note Guarantee, Subsidiary Guarantee in substantially in the form included in Exhibit F hereto, B attached hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee on the Issue Date and such Note Guarantee that this Indenture shall be executed by either manual or facsimile signature on behalf of an Officer or an Officer of a general partner, as the case may be, of each Guarantor. In the event a Guarantor becomes a Guarantor after the Issue Date, if required by Section 4.18, such Guarantor will be required to execute a supplemental indenture to this Indenture and a Note Guarantee, in accordance with Section 4.18 and this Article 10.02, to the extent applicable. The validity and enforceability by its President or one of any Note Guarantee shall not be affected by the fact that it is not affixed to any particular Noteits Vice Presidents. Each of the Guarantors Guarantor hereby agrees that its Note Subsidiary Guarantee set forth in Section 10.01 shall be remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Subsidiary Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note on the Subsidiary Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note a Subsidiary Guarantee is endorsed or at any time thereafterendorsed, such Guarantor’s the Subsidiary Guarantee of such Note shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Subsidiary Guarantee executed in accordance with this Section 10.2 set forth in this Indenture on behalf of the Guarantors. The Company hereby agrees that it shall cause each Person that becomes obligated to provide a Subsidiary Guarantee pursuant to Section 4.17 to execute a supplemental indenture in form and substance reasonably satisfactory to the Trustee, pursuant to which such Person provides the guarantee set forth in this Article 10 and otherwise assumes the obligations and accepts the rights of a Guarantor under this Indenture, in each case with the same effect and to the same extent as if such Person had been named herein as a Guarantor. The Company also hereby agrees to cause each such new Guarantor to evidence its guarantee by endorsing a notation of such Subsidiary Guarantee on each Note as provided in this Section 10.03.

Execution and Delivery of Subsidiary Guarantee. To further evidence the Note its Subsidiary Guarantee set forth in Section 10.0111.01, each Guarantor hereby agrees, on the Issue Date, agrees that a notation of such Note Guarantee, Subsidiary Guarantee substantially in the form included in Exhibit F hereto, E shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee on the Issue Date and such Note Guarantee that this Indenture shall be executed on behalf of such Guarantor by either manual or facsimile signature of an Officer or an Officer of a general partner, as the case may be, of each Guarantor. In the event a Guarantor becomes a Guarantor after the Issue Date, if required by Section 4.18, such Guarantor will be required to execute a supplemental indenture to this Indenture and a Note Guarantee, in accordance with Section 4.18 and this Article 10.02, to the extent applicable. The validity and enforceability of any Note Guarantee shall not be affected by the fact that it is not affixed to any particular Notethereof. Each of the Guarantors Guarantor hereby agrees that its Note Subsidiary Guarantee set forth in Section 10.01 11.01 shall be remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Subsidiary Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note on the Subsidiary Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note a Subsidiary Guarantee is endorsed or at any time thereafterendorsed, such Guarantor’s the Subsidiary Guarantee of such Note shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Subsidiary Guarantee executed in accordance with this Section 10.2 set forth in this Indenture on behalf of the GuarantorGuarantors. 99 108 In the event that the Company creates or acquires any other Domestic Subsidiaries subsequent to the date of this Indenture, or if any current or future Subsidiaries become Domestic Subsidiaries subsequent to the date of this Indenture, if required by Section 4.17 hereof, the Company shall cause such Subsidiaries to execute supplemental indentures to this Indenture in accordance with Section 4.17 hereof, and this Article 11, to the extent applicable.

Execution and Delivery of Subsidiary Guarantee. To further evidence the Note its Subsidiary Guarantee set forth in Section 10.01, each Guarantor hereby agrees, on the Issue Date, agrees that a notation of such Note Guarantee, Subsidiary Guarantee in substantially in the form included in Exhibit F hereto, B attached hereto shall be endorsed by an Officer of such Guarantor on each Note authenticated and delivered by the Trustee on the Issue Date and such Note Guarantee that this Indenture shall be executed by either manual or facsimile signature on behalf of an Officer or an Officer of a general partner, as the case may be, of each Guarantor. In the event a Guarantor becomes a Guarantor after the Issue Date, if required by Section 4.18, such Guarantor will be required to execute a supplemental indenture to this Indenture and a Note Guarantee, in accordance with Section 4.18 and this Article 10.02, to the extent applicable. The validity and enforceability by its President or one of any Note Guarantee shall not be affected by the fact that it is not affixed to any particular Noteits Vice Presidents. Each of the Guarantors Guarantor hereby agrees that its Note Subsidiary Guarantee set forth in Section 10.01 shall be remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Subsidiary Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note on the Subsidiary Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note a Subsidiary Guarantee is endorsed or at any time thereafterendorsed, such Guarantor’s the Subsidiary Guarantee of such Note shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Subsidiary Guarantee executed in accordance with this Section 10.2 set forth in this Indenture on behalf of the Guarantors. The Company hereby agrees that it shall cause each Person that becomes obligated to provide a Subsidiary Guarantee pursuant to Section 4.17 to execute a supplemental indenture in form and substance reasonably satisfactory to the Trustee, pursuant to which such Person provides the Guarantee set forth in this Article 10 and otherwise assumes the obligations and accepts the rights of a Guarantor under this Indenture, in each case with the same effect and to the same extent as if such Person had been named herein as a Guarantor. The Company also hereby agrees to cause each such new Guarantor to evidence its Guarantee by endorsing a notation of such Subsidiary Guarantee on each Note as provided in this Section 10.03.

Execution and Delivery of Subsidiary Guarantee. To further evidence the Note ---------------------------------------------- its Subsidiary Guarantee set forth in Section 10.0111.01, each Guarantor hereby agrees, on the Issue Date, agrees that a notation of such Note Guarantee, Subsidiary Guarantee substantially in the form included in Exhibit F hereto, D shall be endorsed by an Officer of such Guarantor (who may also be an Officer of the Company or one or more of the other Guarantors) on each Note authenticated and delivered by the Trustee on the Issue Date and such Note Guarantee that this Indenture shall be executed by either manual or facsimile signature on behalf of an Officer or an Officer of a general partner, as the case may be, of each Guarantor. In the event a Guarantor becomes a Guarantor after the Issue Date, if required by Section 4.18, such Guarantor will be required to execute a supplemental indenture to this Indenture and a Note Guarantee, in accordance with Section 4.18 and this Article 10.02, to the extent applicable. The validity and enforceability by its President or one of any Note Guarantee shall not be affected by the fact that it is not affixed to any particular Noteits Vice Presidents. Each of the Guarantors Guarantor hereby agrees that its Note Subsidiary Guarantee set forth in Section 10.01 11.01 shall be remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Subsidiary Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note on the Subsidiary Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note a Subsidiary Guarantee is endorsed or at any time thereafterendorsed, such Guarantor’s the Subsidiary Guarantee of such Note shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Subsidiary Guarantee executed in accordance with this Section 10.2 set forth in this Indenture on behalf of the GuarantorGuarantors. In the event that the Company creates or acquires any new Subsidiaries subsequent to the date of this Indenture, if required by Section 4.18 hereof, the Company shall cause such Subsidiaries to execute supplemental indentures to this Indenture and Subsidiary Guarantees in accordance with Section 4.18 hereof and this Article 11, to the extent applicable.

Execution and Delivery of Subsidiary Guarantee. To further evidence the Note its Subsidiary Guarantee set forth in Section 10.0111.01, each Guarantor hereby agrees, on the Issue Date, agrees that a notation of such Note Guarantee, Subsidiary Guarantee substantially in the form included in Exhibit F hereto, E shall be endorsed by an Officer --------- of such Guarantor on each Note authenticated and delivered by the Trustee on the Issue Date and such Note Guarantee that this Indenture shall be executed on behalf of such Guarantor by either manual or facsimile signature of an Officer or an Officer of a general partner, as the case may be, of each Guarantor. In the event a Guarantor becomes a Guarantor after the Issue Date, if required by Section 4.18, such Guarantor will be required to execute a supplemental indenture to this Indenture and a Note Guarantee, in accordance with Section 4.18 and this Article 10.02, to the extent applicable. The validity and enforceability of any Note Guarantee shall not be affected by the fact that it is not affixed to any particular Notethereof. Each of the Guarantors Guarantor hereby agrees that its Note Subsidiary Guarantee set forth in Section 10.01 11.01 shall be remain in full force and effect notwithstanding any failure to endorse on each Note a notation of such Note Subsidiary Guarantee. If an Officer of a Guarantor whose signature is on this Indenture or a Note on the Subsidiary Guarantee no longer holds that office at the time the Trustee authenticates the Note on which such Note a Subsidiary Guarantee is endorsed or at any time thereafterendorsed, such Guarantor’s the Subsidiary Guarantee of such Note shall be valid nevertheless. The delivery of any Note by the Trustee, after the authentication thereof hereunder, shall constitute due delivery of any the Subsidiary Guarantee executed in accordance with this Section 10.2 set forth in this Indenture on behalf of the GuarantorGuarantors. In the event that the Company creates or acquires any other Domestic Subsidiaries subsequent to the date of this Indenture, or if any current or future Subsidiaries become Domestic Subsidiaries subsequent to the date of this Indenture, if required by Section 4.17 hereof, the Company shall cause such Subsidiaries to execute supplemental indentures to this Indenture in accordance with Section 4.17 hereof, and this Article 11, to the extent applicable.