Common use of Guarantee Obligations Subordinated to Guarantor Senior Debt Clause in Contracts

Guarantee Obligations Subordinated to Guarantor Senior Debt. Each Guarantor covenants and agrees, and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that any payment of obligations by any Guarantor in respect of its Guarantee (its "Guarantee Obligations") shall be made subject to the provisions of this Article Twelve; and each Person holding any Note, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees that the payment of all Guarantee Obligations by any Guarantor shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior payment in full in cash or Cash Equivalents of all Obligations on the Guarantor Senior Debt of such Guarantor, that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Guarantor Senior Debt of such Guarantor, and that each holder of Guarantor Senior Debt of such Guarantor whether now outstanding or hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Guarantor Senior Debt of such Guarantor in reliance upon the covenants and provisions contained in this Indenture and the Notes.

Guarantee Obligations Subordinated to Guarantor Senior Debt. Each Guarantor covenants and agrees, and the Trustee and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that any payment of obligations by any Guarantor in respect of its Guarantee (its "Guarantee Obligations") all Guarantees shall be made issued subject to the provisions of this Article Twelve; and the Trustee and each Person holding any Note, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees that the payment of all Guarantee Obligations on the Notes pursuant to the Guarantees by any Guarantor shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior payment in full in cash or Cash Equivalents of all Obligations on the Guarantor Senior Debt of such Guarantor, ; that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Guarantor Senior Debt of such GuarantorDebt, and that each holder of Guarantor Senior Debt of such Guarantor whether now outstanding or hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Guarantor Senior Debt of such Guarantor in reliance upon the covenants and provisions contained in this Indenture Indenture, the Notes and the NotesGuarantees.

Guarantee Obligations Subordinated to Guarantor Senior Debt. Each Guarantor covenants and agrees, and each Holder of the Notesa Note, by its acceptance thereof, likewise covenants and agrees, that any payment of obligations by any Guarantor in respect of its Guarantee (its "Guarantee Obligations") shall be made subject all payments pursuant to the provisions Guarantee made by or on behalf of this Article Twelve; such Guarantor are hereby expressly made subordinate and each Person holding any Note, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees that the payment of all Guarantee Obligations by any Guarantor shall, to the extent and in the manner herein set forth, be subordinated and junior subject in right of payment as provided in this Article Thirteen to the prior payment in full in cash or Cash Equivalents of all Obligations on the amounts payable under all existing and future Guarantor Senior Debt of such Guarantor including such Guarantor's guarantees of the Company's Obligations under the Amended and Restated Credit Agreement. This Section 13.04 and the following Sections 13.05 through 13.17 of this Article Thirteen shall constitute a continuing offer to all persons who, that in reliance upon such provisions, become holders of, or continue to hold Guarantor Senior Debt of any Guarantor and, to the subordination is extent set forth in Section 13.06(b), holders of Designated Senior Debt; and such provisions are made for the benefit of, and shall be enforceable directly by, of the holders of Guarantor Senior Debt of each Guarantor and, to the extent set forth in Section 13.06(b), holders of Designated Senior Debt; and such Guarantor, holders (to such extent) are made obligees hereunder and that they or each holder of Guarantor Senior Debt of them may enforce such Guarantor whether now outstanding or hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Guarantor Senior Debt of such Guarantor in reliance upon the covenants and provisions contained in this Indenture and the Notesprovisions.

Guarantee Obligations Subordinated to Guarantor Senior Debt. Each Guarantor covenants and agrees, and each Holder of the Notes, by its acceptance thereof, likewise covenants and agrees, that any payment of obligations by any Guarantor in respect of its Guarantee (its "“Guarantee Obligations"”) shall be made subject to the provisions of this Article Twelve; and each Person holding any Note, whether upon original issue or upon registration of transfer, assignment or exchange thereof, accepts and agrees that the payment of all Guarantee Obligations by any Guarantor shall, to the extent and in the manner herein set forth, be subordinated and junior in right of payment to the prior payment in full in cash or Cash Equivalents of all Obligations on the Guarantor Senior Debt of such Guarantor, that the subordination is for the benefit of, and shall be enforceable directly by, the holders of Guarantor Senior Debt of such Guarantor, and that each holder of Guarantor Senior Debt of such Guarantor whether now outstanding or hereafter created, incurred, assumed or guaranteed shall be deemed to have acquired Guarantor Senior Debt of such Guarantor in reliance upon the covenants and provisions contained in this Indenture and the Notes.