Common use of Addition of Guarantors Clause in Contracts

Addition of Guarantors. (a) If any Subsidiary of the Company guarantees any Funded Indebtedness of the Company at any time subsequent to the Issue Date, then the Company shall (i) cause the Securities to be equally and ratably guaranteed by such Subsidiary, but only to the extent that the Securities are not already guaranteed by such Subsidiary on reasonably comparable terms and (ii) cause such Subsidiary to execute and deliver a supplemental indenture evidencing its provision of a guarantee in accordance with clause (b) below. (b) Any Person may become a guarantor of the Securities by executing and delivering to the Trustee (i) a supplemental indenture in form and substance satisfactory to the Trustee which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a guarantor and (ii) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of such guarantee) and that the issuance of the guarantee is in compliance with applicable federal and state securities laws.

Addition of Guarantors. (a) If any Subsidiary of the Company guarantees (or becomes a co-obligor on) any Funded Indebtedness of the Company other than the Securities at any time subsequent to the Issue DateDate (including, without limitation, following any release of such Subsidiary pursuant to Section 9.06 hereof from any Guarantee previously provided by it under this Article 9), then the Company shall (i) cause the Securities to be equally and ratably guaranteed by such Subsidiary, but only to the extent that the Securities are not already guaranteed by such Subsidiary on reasonably comparable terms and (ii) cause such Subsidiary to execute and deliver a supplemental indenture indenture, in substantially the form of Exhibit E hereto, evidencing its provision of a guarantee Guarantee in accordance with clause (b) below. (b) Any Person that was not a Guarantor on the Issue Date may become a guarantor of the Securities Guarantor by executing and delivering to the Trustee (i) a supplemental indenture in form and substance satisfactory to the Trustee Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a guarantor Guarantor and (ii) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of such guarantee) and that the issuance of the guarantee is in compliance with applicable federal and state securities lawsGuarantee).

Addition of Guarantors. (a) If any The Company agrees to cause each Person that is or becomes a Restricted Subsidiary of on or after the Company guarantees any Funded Indebtedness of the Company at any time subsequent Issue Date to become a Guarantor to the Issue Date, then the Company shall (i) cause the Securities to be equally and ratably guaranteed full extent as provided by such Subsidiary, but only to the extent that the Securities are not already guaranteed by such Subsidiary on reasonably comparable terms and (ii) cause such Subsidiary to execute and deliver a supplemental indenture evidencing its provision of a guarantee in accordance with clause (b) below. (b) Any Person may become a guarantor of the Securities this Article X by executing and delivering to the Trustee a supplemental indenture pursuant to which such Restricted Subsidiary shall guarantee the payment of the Securities pursuant to the terms hereof, and any Person that was not a Guarantor on the Issue Date may so become a Guarantor by executing and delivering to the Trustee, in each case as to such Restricted Subsidiary or Person (as applicable), (i) a supplemental indenture in form and substance satisfactory to the Trustee Trustee, which subjects such Restricted Subsidiary or Person to the provisions (including the representations and warranties) of this Indenture as a guarantor Guarantor and (ii) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Restricted Subsidiary or Person and constitutes the legal, valid, binding and enforceable obligation of such Restricted Subsidiary or Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion discretion). (b) The Company hereby represents and provided warrants that no opinion need be rendered concerning Restricted Subsidiaries and Guarantors are in existence on the enforceability of such guarantee) and that the issuance of the guarantee is in compliance with applicable federal and state securities lawsIssue Date.

Addition of Guarantors. (a) If any Subsidiary of the Company guarantees (or becomes a co-obligor on) any Funded Indebtedness of the Company other than the Securities at any time subsequent to the Issue DateDate (including, without limitation, following any release of such Subsidiary pursuant to Section 9.06 hereof from any Guarantee previously provided by it under this Article 9), then the Company shall (i) cause the Securities to be equally and ratably guaranteed by such Subsidiary, but only to the extent that the Securities are not already guaranteed by such Subsidiary on reasonably comparable terms and (ii) cause such Subsidiary to execute and deliver a supplemental indenture indenture, in substantially the form of Exhibit E hereto, evidencing its provision of a guarantee Guarantee in accordance with clause (b) below. (b) Any Person that was not a Guarantor on the Issue Date may become a guarantor of the Securities Guarantor by executing and delivering to the Trustee (i) a supplemental indenture in form and substance satisfactory to the Trustee Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a guarantor Guarantor and (ii) an Opinion of Counsel and Officers' ’ Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' ’ rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of such guarantee) and that the issuance of the guarantee is in compliance with applicable federal and state securities lawsGuarantee).

Addition of Guarantors. (a1) If any Subsidiary of the Company Partnership guarantees any Funded Indebtedness Debt of the Company Partnership other than the Securities at any time subsequent to the Issue DateDate (including, without limitation, following any release of such Subsidiary pursuant to Section 1406 from any Guarantee previously provided by it under this Article 14), then the Company Partnership shall (iA) cause the Securities to be equally and ratably guaranteed by such Subsidiary, but only to the extent that the Securities are not already guaranteed by such Subsidiary on reasonably comparable terms and (iiB) cause such Subsidiary to execute and deliver a supplemental indenture evidencing its provision of a guarantee Guarantee in accordance with clause (b2) below. (b2) Any Person that was not a Guarantor on the Issue Date may become a guarantor of the Securities Guarantor by executing and delivering to the Trustee (iA) a supplemental indenture in form and substance satisfactory to the Trustee Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a guarantor Guarantor and (iiB) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of such guarantee) and that the issuance of the guarantee is in compliance with applicable federal and state securities lawsGuarantee).

Addition of Guarantors. (a1) If any Holding Subsidiary of the Company Partnership incurs, creates, assumes or guarantees any Funded Indebtedness of Debt other than the Company Notes at any time subsequent to the Issue DateDate (including, without limitation, following any release of such Holding Subsidiary pursuant to Section 12.05 from the Guarantee previously provided by it under this Article XII), then the Company Partnership shall (iA) cause the Securities Notes to be equally and ratably guaranteed by such Holding Subsidiary, but only to the extent that the Securities Notes are not already guaranteed by such Holding Subsidiary on reasonably comparable terms and (iiB) cause such Holding Subsidiary to execute and deliver a supplemental indenture evidencing its provision of a guarantee the Guarantee in accordance with clause (b2) below. (b2) Any Person that was not the Guarantor on the Issue Date may become a guarantor of the Securities Guarantor by executing and delivering to the Trustee (iA) a supplemental indenture in form and substance satisfactory to the Trustee Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a guarantor the Guarantor and (iiB) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of such guarantee) and that the issuance of the guarantee is in compliance with applicable federal and state securities lawsGuarantee).

Addition of Guarantors. (a) If any Subsidiary of the Company guarantees (or becomes a co-obligor on) any Funded Indebtedness of the Company other than the Securities at any time subsequent to the Issue DateDate (including, without limitation, following any release of such Subsidiary pursuant to Section 9.06 hereof from any Guarantee previously provided by it under this Article IX), then the Company shall (i) cause the Securities then outstanding to be equally and ratably guaranteed by such Subsidiary, but only to the extent that the such Securities are not already guaranteed by such Subsidiary on reasonably comparable terms and (ii) cause such Subsidiary to execute and deliver a supplemental indenture indenture, in substantially the form of Exhibit C hereto, evidencing its provision of a guarantee Guarantee in accordance with clause (b) below. (b) Any Person may become a guarantor of the Securities Guarantor by executing and delivering to the Trustee (i) a supplemental indenture in form and substance satisfactory to the Trustee Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a guarantor Guarantor and (ii) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of such guarantee) and that the issuance of the guarantee is in compliance with applicable federal and state securities lawsGuarantee).

Addition of Guarantors. (a) If any Subsidiary of the Company guarantees (or becomes a co-obligor on) any Funded Indebtedness of the Company other than the Securities at any time subsequent to the Issue DateDate (including, without limitation, following any release of such Subsidiary pursuant to Section 9.06 hereof from any Guarantee previously provided by it under this Article IX), then the Company shall (i) cause the Securities then outstanding to be equally and ratably guaranteed by such Subsidiary, but only to the extent that the such Securities are not already guaranteed by such Subsidiary on reasonably comparable terms and (ii) cause such Subsidiary to execute and deliver a supplemental indenture indenture, in substantially the form of Exhibit E hereto, evidencing its provision of a guarantee Guarantee in accordance with clause (b) below. (b) Any Person may become a guarantor of the Securities Guarantor by executing and delivering to the Trustee (i) a supplemental indenture in form and substance satisfactory to the Trustee Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a guarantor Guarantor and (ii) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of such guarantee) and that the issuance of the guarantee is in compliance with applicable federal and state securities lawsGuarantee).

Addition of Guarantors. (a) If any Holding Subsidiary of the Company Partnership incurs, creates, assumes or guarantees any Funded Indebtedness of Debt other than the Company Notes at any time subsequent to the Issue DateDate (including, without limitation, following any release of such Holding Subsidiary pursuant to Section 12.05 from the Guarantee previously provided by it under this Article XII), then the Company Partnership shall (i) cause the Securities Notes to be equally and ratably guaranteed by such Holding Subsidiary, but only to the extent that the Securities Notes are not already guaranteed by such Holding Subsidiary on reasonably comparable terms and (ii) cause such Holding Subsidiary to execute and deliver a supplemental indenture evidencing its provision of a guarantee the Guarantee in accordance with clause (bSection 12.04(b) below. (b) Any Person that was not the Guarantor on the Issue Date may become a guarantor of the Securities Guarantor by executing and delivering to the Trustee (i) a supplemental indenture in form and substance satisfactory to the Trustee Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a guarantor the Guarantor and (ii) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of such guarantee) and that the issuance of the guarantee is in compliance with applicable federal and state securities lawsGuarantee).

Addition of Guarantors. From time to time and notwithstanding the provisions of Section 10.01, the Borrower may cause one or more additional Subsidiaries of Limited to become Guarantors hereunder by delivering, or causing to be delivered, to the Administrative Agent in respect of each applicable Subsidiary (a) If any Subsidiary a Guaranty (the date of each such Guaranty being referred to herein as a “Joinder Date”, which date shall be at least ten days after the Company guarantees any Funded Indebtedness of the Company at any time subsequent Borrower provides notice to the Issue Date, then the Company shall (i) cause the Securities Administrative Agent of its intention to be equally and ratably guaranteed by such Subsidiary, but only to the extent that the Securities are not already guaranteed by such Subsidiary on reasonably comparable terms and (ii) cause such Subsidiary to execute and deliver become a supplemental indenture evidencing its provision of a guarantee in accordance with clause Guarantor hereunder), (b) below. such documents of the types referred to in clauses (biv) Any Person and (v) of Section 4.01(a) and (c) a favorable opinion of counsel to such Subsidiary located in the jurisdiction of organization of such Subsidiary, in form, content and scope reasonably satisfactory to the Administrative Agent; provided that no Subsidiary may become a guarantor Guarantor hereunder pursuant 151 to this Section 10.24 if a Default or Event of Default shall have occurred and be continuing on the applicable Joinder Date, or shall result from the joinder of such Subsidiary as a Guarantor on such Joinder Date. Without limiting the foregoing, if the designation of any additional direct or indirect, wholly-owned Subsidiary as a Guarantor hereunder obligates the Administrative Agent or any Lender to comply with “know your customer” or similar regulatory requirements and the information necessary for such compliance is not already available to the Administrative Agent or such Lender, as applicable, the Borrower shall, promptly upon the request of the Securities Administrative Agent or such Lender, as applicable, supply such documentation and other evidence as is reasonably requested by executing and delivering the Administrative Agent or such Lender, as applicable, in order for it to the Trustee (i) a supplemental indenture in form and substance satisfactory to the Trustee which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a guarantor and (ii) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of such guarantee) and that the issuance of the guarantee is in compliance comply with all “know your customer” and/or similar identification procedures required under all applicable federal and state securities laws.Laws. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK

Addition of Guarantors. (a) If any Subsidiary of the Company guarantees any Funded Indebtedness of the Company at any time subsequent to the Issue Date, then the Company shall (i) cause the Securities to be equally and ratably guaranteed by such Subsidiary, but only Except to the extent prohibited by the terms of any Bank Credit Facility or the Senior Secured Note Indenture, the Company agrees to cause each Person that shall become a Restricted Subsidiary after the Securities are not already guaranteed by such Subsidiary on reasonably comparable terms and (ii) cause such Subsidiary Issue Date to execute and deliver a supplemental indenture evidencing its provision pursuant to which such Subsidiary shall guarantee the payment of a guarantee in accordance with clause (b) belowthe Securities pursuant to the terms hereof. (b) Any Except to the extent prohibited by the terms of any Bank Credit Facility or the Senior Secured Note Indenture, any Person that was not a Guarantor on the Issue Date may become a guarantor of the Securities Guarantor by executing and delivering to the Trustee (i) a supplemental indenture in form and substance satisfactory to the Trustee Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a guarantor Guarantor and (ii) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and 77 executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of such guarantee) and that the issuance of the guarantee is in compliance with applicable federal and state securities lawsGuarantee).

Addition of Guarantors. (a1) If any Subsidiary of the Company Partnership guarantees any Funded Indebtedness Debt of the Company Partnership other than the Securities at any time subsequent to the Issue DateDate (including, without limitation, following any release of such Subsidiary pursuant to Section 1406 from any Guarantee previously provided by it under this Article XIV), then the Company Partnership shall (iA) cause the Securities to be equally and ratably guaranteed by such Subsidiary, but only to the extent that the Securities are not already guaranteed by such Subsidiary on reasonably comparable terms and (iiB) cause such Subsidiary to execute and deliver a supplemental indenture evidencing its provision of a guarantee Guarantee in accordance with clause (b2) below. (b2) Any Person that was not a Guarantor on the Issue Date may become a guarantor of the Securities Guarantor by executing and delivering to the Trustee (iA) a supplemental indenture in form and substance satisfactory to the Trustee Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a guarantor Guarantor and (iiB) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of such guarantee) and that the issuance of the guarantee is in compliance with applicable federal and state securities lawsGuarantee).