Common use of Additional Guarantees Clause in Contracts

Additional Guarantees. On or after the Issue Date, the Company shall cause each Subsidiary that is required to Guarantee the payment of principal of, premium, if any, and interest on the Notes pursuant to Section 4.09 to become a Guarantor, within 10 Business Days of the creation, assumption, incurrence or Guarantee of the applicable Subsidiary Debt, and the Company shall cause each such Subsidiary to execute and deliver to the Trustee within such 10 Business Day period (i) a supplemental indenture in substantially the form attached hereto as Exhibit E and (ii) a Notation of Guarantee in substantially the form attached hereto as Exhibit D, pursuant to which such Subsidiary will unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any and interest on the Notes and all other obligations under this Indenture on the same terms and conditions as those set forth in this Indenture. Each Note Guarantee will be limited to an amount not to exceed the maximum amount that can be Guaranteed by that Subsidiary without rendering the Note Guarantee, as it relates to such Subsidiary, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer or similar laws affecting the rights of creditors generally. Each Note Guarantee shall be automatically released in accordance with the provisions of this Indenture described under Article 11.

Additional Guarantees. (a) On or after the Issue Date, the Company Issuer shall cause each Subsidiary that is required to Guarantee the payment of principal of, premium, if any, and interest on the Notes pursuant to Section 4.09 to become a Guarantor, within 10 Business Days of the creation, assumption, incurrence or Guarantee of the applicable Subsidiary Debt, Debt and the Company Issuer shall cause each such Subsidiary to execute and deliver to the Trustee within such 10 Business Day period (ix) a supplemental indenture in substantially the form attached hereto as Exhibit E and (iiy) a Notation of Guarantee in substantially the form attached hereto as Exhibit D, pursuant to which such Subsidiary will unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any and interest on the Notes and all other obligations under this Indenture on the same terms and conditions as those set forth in this Indenture. . (b) Each Note Guarantee will be limited to an amount not to exceed the maximum amount that can be Guaranteed by that Subsidiary without rendering the Note Guarantee, as it relates to such Subsidiary, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer or similar laws affecting the rights of creditors generally. . (c) Each Note Guarantee shall be automatically released in accordance with the provisions of this Indenture described under Article 11.

Additional Guarantees. (a) On or after the Issue Date, the Company STBV shall cause each Subsidiary that is required to Guarantee the payment of principal of, premium, if any, and interest on the Notes pursuant to Section 4.09 to become a Guarantor, within 10 Business Days of (i) the creation, assumption, incurrence or Guarantee of the applicable Subsidiary DebtDebt or (ii) in the case of any Guarantee required to be provided by a Released Guarantor pursuant to Section 4.09(d)(ii), the expiration of the ninety (90) day period referred to therein, and the Company STBV shall cause each such Subsidiary to execute and deliver to the Trustee within such 10 Business Day period (ix) a supplemental indenture in substantially the form attached hereto as Exhibit E and (iiy) a Notation of Guarantee in substantially the form attached hereto as Exhibit D, pursuant to which such Subsidiary will unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any and interest on the Notes and all other obligations under this Indenture on the same terms and conditions as those set forth in this Indenture. . (b) Each Note Guarantee will be limited to an amount not to exceed the maximum amount that can be Guaranteed by that Subsidiary without rendering the Note Guarantee, as it relates to such Subsidiary, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer or similar laws affecting the rights of creditors generally. . (c) Each Note Guarantee shall be automatically released in accordance with the provisions of this Indenture described under Article 11.

Additional Guarantees. (a) On or after the Issue Date, the Company STBV shall cause each Subsidiary that is required to Guarantee the payment of principal of, premium, if any, and interest on the Notes pursuant to Section 4.09 to become a Guarantor, within 10 Business Days of the creation, assumption, incurrence or Guarantee of the applicable Subsidiary Debt, Debt and the Company STBV shall cause each such Subsidiary to execute and deliver to the Trustee within such 10 Business Day period (ix) a supplemental indenture in substantially the form attached hereto as Exhibit E and (iiy) a Notation of Guarantee in substantially the form attached hereto as Exhibit D, pursuant to which such Subsidiary will unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any and interest on the Notes and all other obligations under this Indenture on the same terms and conditions as those set forth in this Indenture. . (b) Each Note Guarantee will be limited to an amount not to exceed the maximum amount that can be Guaranteed by that Subsidiary without rendering the Note Guarantee, as it relates to such Subsidiary, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer or similar laws affecting the rights of creditors generally. . (c) Each Note Guarantee shall be automatically released in accordance with the provisions of this Indenture described under Article 11.

Additional Guarantees. On or after the Issue Date, the Company shall cause (a) each of its Domestic Subsidiaries or Material Foreign Subsidiaries (other than an Unrestricted Subsidiary) that incurs Indebtedness in excess of $10.0 million (other than Indebtedness permitted to be incurred pursuant to clause (v), (vi), (vii), (viii), (ix), (x), (xv) or (xviii) of Section 4.09(b)) and (b) each Restricted Subsidiary that is required to Guarantee guarantees any Indebtedness of the payment Company or any of principal ofthe Guarantors, premium, if any, and interest on the Notes pursuant to Section 4.09 to become a Guarantorin each case, within 10 Business Days of the creationsuch incurrence of any such Indebtedness or guarantee of such Indebtedness, assumption, incurrence or Guarantee of the applicable Subsidiary Debt, and the Company shall cause each such Subsidiary to execute and deliver to the Trustee within such 10 Business Day period (i) a supplemental indenture in substantially the form attached hereto as Exhibit E and (ii) a Notation of Guarantee in substantially the form attached hereto as Exhibit D, pursuant to which such Restricted Subsidiary will unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any and interest on the Notes and all other obligations under this Indenture on the same terms and conditions as those set forth in this Indenture. Each Note Guarantee will be limited to an amount not to exceed the maximum amount that can be Guaranteed guaranteed by that Restricted Subsidiary without rendering the Note Guarantee, as it relates to such Restricted Subsidiary, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer or similar laws affecting the rights of creditors generally. Each Note Guarantee shall be automatically released in accordance with the provisions of this Indenture described under Article 11. The form of such supplemental indenture is attached hereto as Exhibit E hereto.

Additional Guarantees. On or after After the Issue Date, the Company shall will cause (i) each Subsidiary of its Domestic Subsidiaries (other than any Unrestricted Subsidiary) that is required incurs any Indebtedness (other than Indebtedness permitted to Guarantee the payment of principal of, premium, if any, and interest on the Notes be incurred pursuant to clauses (5), (6), (7), (8), (9), (10), (15) and (17) of the second paragraph of Section 4.09 to become a Guarantor4.9 and (ii) each Restricted Subsidiary (other than any Foreign Subsidiary) that guarantees any Indebtedness of the Company or any of the Guarantors, in each case, within 10 Business Days of the creationsuch incurrence of any such Indebtedness or guarantee of such Indebtedness, assumption, incurrence or Guarantee of the applicable Subsidiary Debt, and the Company shall cause each such Subsidiary to execute and deliver to the Trustee within such 10 Business Day period (i) a Guarantee, which shall be a supplemental indenture in substantially indenture, the form of which is attached hereto as Exhibit E and (ii) a Notation of Guarantee in substantially the form attached hereto as Exhibit DB hereto, pursuant to which such Restricted Subsidiary will unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any and interest on the Notes and all other obligations under this Indenture on the same terms and conditions as those set forth in this Indenture. Each Note Guarantee will be limited to an amount not to exceed the maximum amount that can be Guaranteed guaranteed by that Restricted Subsidiary without rendering the Note Guarantee, as it relates to such Restricted Subsidiary, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer or similar laws affecting the rights of creditors generally. Each Note Guarantee shall be automatically released in accordance with the provisions of this Indenture described under Article 11.

Additional Guarantees. On or after the Issue Date, the Company shall cause each Subsidiary that is required to Guarantee the payment of principal of, premium, if any, and interest on the Notes pursuant to Section 4.09 4.07 to become a Guarantor, within 10 Business Days of the creation, assumption, incurrence or Guarantee of the applicable Subsidiary DebtDebt or guarantee of obligations under the Credit Agreement, and the Company shall cause each such Subsidiary to execute and deliver to the Trustee within such 10 Business Day period (i) a supplemental indenture in substantially the form attached hereto as Exhibit E and (ii) a Notation of Guarantee in substantially the form attached hereto as Exhibit D, pursuant to which such Subsidiary will unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any and interest on the Notes and all other obligations under this Indenture on the same terms and conditions as those set forth in this Indenture. Each Note Guarantee will be limited to an amount not to exceed the maximum amount that can be Guaranteed by that Subsidiary without rendering the Note Guarantee, as it relates to such Subsidiary, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer or similar laws affecting the rights of creditors generally. Each Note Guarantee shall be automatically released in accordance with the provisions of this Indenture described under Article 11.

Additional Guarantees. On or after (a) After the Issue Date, the Company Holdings shall cause (i) each of its Domestic Subsidiaries (other than the Issuer or any Unrestricted Subsidiary) that incurs any Indebtedness (other than Indebtedness permitted to be incurred pursuant to clause (7), (9), (10) or (15) of Section 4.10(b)) or issues any Preferred Stock and (ii) each Restricted Subsidiary (other than the Issuer) that guarantees any Indebtedness of the Issuer or any of the Guarantors (other than a Foreign Subsidiary that guarantees Indebtedness of another Foreign Subsidiary, Holdings or any Restricted Subsidiary that is required to Guarantee incorporated in Puerto Rico), in each case, at the payment of principal ofsame time, premium, if any, and interest on the Notes pursuant to Section 4.09 to become a Guarantor, within 10 Business Days of the creation, assumption, incurrence or Guarantee of the applicable Subsidiary Debt, and the Company shall cause each such Subsidiary to execute and deliver to the Trustee within such 10 Business Day period (i) a supplemental indenture in substantially the form attached hereto as Exhibit E and (ii) a Notation of Guarantee in substantially the form attached hereto as Exhibit D, pursuant to which such Restricted Subsidiary will shall unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any and interest on the Notes and all other obligations under this Indenture on the same terms and conditions as those set forth in this the Indenture. . (b) Each Note Guarantee will (other than a Guarantee of a company that is the direct or indirect parent of the Issuer) shall be limited to an amount not to exceed the maximum amount that can be Guaranteed guaranteed by that Restricted Subsidiary without rendering the Note Guarantee, as it relates to such Restricted Subsidiary, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer or similar laws affecting the rights of creditors generally. . (c) Each Note Guarantee shall be automatically released in accordance with the provisions of this Indenture described under Article 11Eleven.

Additional Guarantees. On or after the Issue Date, the Company shall cause (a) each of its Domestic Subsidiaries or Material Foreign Subsidiaries (other than an Unrestricted Subsidiary) that incurs Indebtedness in excess of $50.0 million (other than Indebtedness permitted to be incurred pursuant to clause (v), (vi), (vii), (viii), (ix), (x), (xv) or (xviii) of Section 4.09(b)) and (b) each Restricted Subsidiary that is required to Guarantee guarantees any Indebtedness of the payment Company or any of principal ofthe Guarantors, premium, if any, and interest on the Notes pursuant to Section 4.09 to become a Guarantorin each case, within 10 Business Days of the creationsuch incurrence of any such Indebtedness or guarantee of such Indebtedness, assumption, incurrence or Guarantee of the applicable Subsidiary Debt, and the Company shall cause each such Subsidiary to execute and deliver to the Trustee within such 10 Business Day period (i) a supplemental indenture in substantially the form attached hereto as Exhibit E and (ii) a Notation notation of Guarantee in substantially the form attached hereto as Exhibit D, pursuant to which such Restricted Subsidiary will unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any and interest on the Notes and all other obligations under this Indenture on the same terms and conditions as those set forth in this Indenture. Each Note Guarantee will be limited to an amount not to exceed the maximum amount that can be Guaranteed guaranteed by that Restricted Subsidiary without rendering the Note Guarantee, as it relates to such Restricted Subsidiary, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer or similar laws affecting the rights of creditors generally. Each Note Guarantee shall be automatically released in accordance with the provisions of this Indenture described under Article 11.

Additional Guarantees. On or after (a) After the Issue Date, the Company Holdings shall cause each Restricted Subsidiary (other than the Co-issuer) that is required to Guarantee the payment of principal of, premium, if any, and interest on the Notes pursuant to Section 4.09 to become a Guarantor, within 10 Business Days guarantees any Indebtedness of the creationCompany under the Credit Agreement, assumptionin each case, incurrence or Guarantee of at the applicable Subsidiary Debtsame time, and the Company shall cause each such Subsidiary to execute and deliver to the Trustee within such 10 Business Day period (i) a supplemental indenture in substantially the form attached hereto as Exhibit E and (ii) a Notation of Guarantee in substantially the form attached hereto as Exhibit D, pursuant to which such Restricted Subsidiary will shall unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any and interest on the Notes and all other obligations under this Indenture on the same terms and conditions as those set forth in this Indenture. ; provided that no Restricted Subsidiary shall be required to Guarantee the Notes if Holdings reasonably determines that such Guarantee would be inconsistent with the Agreed Guaranty Principles, with such determination to be evidenced by an Officers’ Certificate delivered to the Trustee. (b) Each Note Guarantee will shall be limited to an amount not to exceed the maximum amount that can be Guaranteed guaranteed by that Restricted Subsidiary without rendering the Note Guarantee, as it relates to such Restricted Subsidiary, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer or similar laws affecting the rights of creditors generally. . (c) Each Note Guarantee shall be automatically released in accordance with the provisions of this Indenture described under Article 11Eleven.

Additional Guarantees. On or after the Issue Date, the Company STBV shall cause each Subsidiary that is required to Guarantee the payment of principal of, premium, if any, and interest on the Notes pursuant to Section 4.09 to become a Guarantor, within 10 Business Days of the creation, assumption, incurrence or Guarantee of the applicable Subsidiary Debt, and the Company STBV shall cause each such Subsidiary to execute and deliver to the Trustee within such 10 Business Day period (i) a supplemental indenture in substantially the form attached hereto as Exhibit E and (ii) a Notation of Guarantee in substantially the form attached hereto as Exhibit D, pursuant to which such Subsidiary will unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any and interest on the Notes and all other obligations under this Indenture on the same terms and conditions as those set forth in this Indenture. Each Note Guarantee will be limited to an amount not to exceed the maximum amount that can be Guaranteed by that Subsidiary without rendering the Note Guarantee, as it relates to such Subsidiary, voidable under applicable law relating to fraudulent conveyance or fraudulent transfer or similar laws affecting the rights of creditors generally. Each Note Guarantee shall be automatically released in accordance with the provisions of this Indenture described under Article 11.

Additional Guarantees. (a) On or after the Issue Date, the Company STBV shall cause each Subsidiary that is required to Guarantee the payment of principal of, premium, if any, and interest on the Notes pursuant to Section 4.09 to become a Guarantor, within 10 Business Days of the creation, assumption, incurrence or Guarantee of the applicable Subsidiary Debt, Debt and the Company STBV shall cause each such Subsidiary to execute and deliver to the Trustee within such 10 Business Day period (ix) a supplemental indenture in substantially the form attached hereto as Exhibit E and (iiy) a Notation of Guarantee in substantially the form attached hereto as Exhibit D, pursuant to which such Subsidiary will unconditionally Guarantee, on a joint and several basis, the full and prompt payment of the principal of, premium, if any and interest on the Notes and all other obligations under this Indenture on the same terms and conditions as those set forth in this Indenture. . (b) Each Note Guarantee will be limited to an amount not to exceed the maximum amount that can be Guaranteed by that Subsidiary without rendering the Note Guarantee, as it relates to such Subsidiary, being in breach of law or regulation or voidable under applicable law relating to fraudulent conveyance or fraudulent transfer or unlawful financial assistance or similar laws affecting the rights of creditors generally. . (c) Each Note Guarantee shall be automatically released in accordance with the provisions of this Indenture described under Article 11.