Common use of Guarantees and Other Contingent Obligations Clause in Contracts

Guarantees and Other Contingent Obligations. None of the Borrower nor any of its Subsidiaries shall incur any Guaranty Obligations, except: (a) for endorsements of negotiable Instruments for collection in the ordinary course of business; and (b) in the case of the Borrower, guaranties of the Indebtedness (including capitalized leases) or operating lease obligations of Domestic Subsidiaries of the Borrower to the extent permitted under Section 10.4 or 10.12, respectively; provided, however, that the amount payable under such guaranties shall (i) in the case of guaranteed Indebtedness (including capitalized lease obligations) be deemed to be “Funded Debt” for purposes of Section 9.18 of this Agreement, and (2) in the case of guaranteed operating lease obligations, the annual amount payable shall be included in the computation of the Borrower’s annual financial obligations for purposes of Section 10.12 of this Agreement.

Guarantees and Other Contingent Obligations. None of Neither the Borrower nor any of its Subsidiaries NBC shall incur any Guaranty Obligations, except: (a) for endorsements of negotiable Instruments for collection in the ordinary course of business; and (b) in the case of the Borrower, ) (b) guaranties of the Indebtedness (including capitalized leases) or operating lease obligations of Domestic Subsidiaries of the Borrower to the extent permitted under Section 10.4 or 10.12, respectively; provided, however, that the amount payable under such guaranties shall (i) in the case of guaranteed Indebtedness (including capitalized lease obligations) be deemed to be “"Funded Debt” " for purposes of Section 9.18 9.6 of this Agreement, and (2) in the case of guaranteed operating lease obligations, the annual amount payable shall be included in the computation of the Borrower’s 's annual financial obligations for purposes of Section 10.12 of this Agreement.

Guarantees and Other Contingent Obligations. None of Neither the Borrower nor any of its Subsidiaries NBC shall incur any Guaranty Obligations, except: (a) for endorsements of negotiable Instruments for collection in the ordinary course of business; and (b) in the case of the Borrower, ) (b) guaranties of the Indebtedness (including capitalized leases) or operating lease obligations of Domestic Subsidiaries of the Borrower to the extent permitted under Section 10.4 or 10.12, respectively; provided, however, that the amount payable under such guaranties shall (i) in the case of guaranteed Indebtedness (including capitalized lease obligations) be deemed to be “"Funded Debt” " for purposes of Section 9.18 9.6 of this Agreement, and (2) in the case of guaranteed operating lease obligations, the annual amount payable shall be included in the National Beef Packing Company Credit Agreement 60 computation of the Borrower’s 's annual financial obligations for purposes of Section 10.12 of this Agreement.

Guarantees and Other Contingent Obligations. None of the The Borrower nor any of its Subsidiaries shall not incur any Guaranty Obligations, except: (a) for endorsements of negotiable Instruments for collection in the ordinary course of business; and (b) in the case of the Borrower, guaranties of the Indebtedness (including capitalized leases) or operating lease obligations of Domestic Subsidiaries of the Borrower to the extent permitted under Section 10.4 or 10.12, respectively; provided, however, that the amount payable under such guaranties shall (i) in the case of guaranteed Indebtedness (including capitalized lease obligations) be deemed to be “"Funded Debt” " for purposes of Section 9.18 9.6 of this Agreement, and (2) in the case of guaranteed operating lease obligations, the annual amount payable shall be included in the computation of the Borrower’s 's annual financial obligations for purposes of Section 10.12 of this Agreement.