Guaranties by Subsidiaries. If and for so long as any Subsidiary, directly or indirectly, Guarantees any Debt of the Company (other than the Notes), such Subsidiary shall provide a Note Guaranty. A Subsidiary required to provide a Note Guaranty shall execute a supplemental indenture substantially in the form of Exhibit B, and deliver an Opinion of Counsel to the Trustee to the effect that the supplemental indenture has been duly authorized, executed and delivered by the Subsidiary and constitutes a valid and binding obligation of the Subsidiary, enforceable against the Subsidiary in accordance with its terms (subject to customary exceptions).
Guaranties by Subsidiaries. Other than in the ordinary course of business or to the holders of Senior Indebtedness, or unless the holders of Convertible Notes shall approve, the Company shall cause its Subsidiaries not to guaranty the Indebtedness of the Company or of any other party.
Guaranties by Subsidiaries. (a) The Company will not cause or permit any existing or newly acquired or formed Subsidiary of the Company to become obligated as a guarantor under the Primary Credit Facility (other than the Current Guarantors as guarantors under the Primary Credit Facility) unless, prior thereto or concurrently therewith (or, if such Subsidiary becomes so obligated prior to the issuance of the Bonds, concurrently with the issuance of the Bonds), and at the Company’s sole cost and expense, such Subsidiary becomes a guarantor in respect of the Bonds and delivers to each of the holders of the Bonds the following items:
(1) a guaranty of the Bonds executed by such Subsidiary, which guaranty shall be substantially similar in all material respects to the guaranty of such Subsidiary of the Primary Credit Facility, with appropriate modifications to reflect such Subsidiary’s guaranty of the Bonds;
(2) such documents and evidence with respect to such Subsidiary as the Required Holders may reasonably request in order to establish the existence and good standing of such Subsidiary and the authorization of the transactions contemplated by such guaranty;
(3) an Opinion of Counsel in form and substance reasonably satisfactory to the Required Holders which shall include, without limitation, opinions to the effect, subject to customary assumptions, qualifications, and exceptions, that (x) such guaranty has been duly authorized, executed, and delivered by such Subsidiary, (y) such guaranty constitutes the legal, valid, and binding contract and agreement of such Subsidiary, enforceable in accordance with its terms (except as enforcement of such terms may be limited by bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance, and similar laws affecting the enforcement of creditors’ rights generally and by general equitable principles), and (z) the execution, delivery, and performance by such Subsidiary of such guaranty do not (A) violate any law, rule, or regulation applicable to such Subsidiary or (B) (1) require the creation or imposition of any lien not permitted by Section 5.11 of the Indenture or (2) conflict with or result in any breach of any of the provisions of or constitute a default under (I) the provisions of the charter, bylaws, certificate of formation, operating agreement, or other constitutive documents of such Subsidiary or (II) any material agreement or other instrument to which such Subsidiary is a party or by which such Subsidiary may be bound; and
(4) ...
Guaranties by Subsidiaries. 30 SECTION 4.09. Equal and Ratable Liens .................................... 30 SECTION 4.10. Financial Reports .......................................... 31 SECTION 4.11. Reports to Trustee ......................................... 31
Guaranties by Subsidiaries. (a) If and for so long as any Subsidiary, directly or indirectly, Guaranties any Debt of the Company, such Subsidiary shall provide a Note Guaranty, and, if the guaranteed Debt of the Company is Subordinated Debt, the Guaranty of such guaranteed Debt must be subordinated in right of payment to the Note Guaranty to at least the extent that the guaranteed Debt is subordinated to the Notes.
(b) The Company will cause any Subsidiary that Guaranties any Debt of the Company to enter into and deliver a Note Guaranty (including any Subsidiary that had previously been such a Guarantor and was subsequently released as a Guarantor of the Notes). A Subsidiary required to provide a Note Guaranty shall execute a supplemental indenture in the form of Exhibit B, and deliver an Opinion of Counsel to the Trustee to the effect that the supplemental indenture has been duly authorized, executed and delivered by the Subsidiary and constitutes a valid and binding obligation of the Subsidiary, enforceable against the Subsidiary in accordance with its terms (subject to customary exceptions).
Guaranties by Subsidiaries. If any Subsidiary that is not a Guarantor Guarantees any Indebtedness of the Company under, or becomes a borrower under, the Credit Facilities, such Subsidiary shall within 60 Business Days thereof provide a Subsidiary Guarantee; provided that such Subsidiary shall not be required to provide a Subsidiary Guarantee if it is an Ineligible Subsidiary. A Subsidiary required to provide a Subsidiary Guaranty shall execute a supplemental indenture in the form of Exhibit B, and deliver an Opinion of Counsel to the Trustee stating that the supplemental indenture has been duly authorized, executed and delivered by the Subsidiary and constitutes a valid and binding obligation of the Subsidiary, enforceable against the Subsidiary in accordance with its terms (subject to customary exceptions).
Guaranties by Subsidiaries of the Borrower of Indebtedness of the Borrower or other Subsidiaries of the Borrower and Guaranties by the Borrower of Indebtedness of Subsidiaries of the Borrower, in each case to the extent such underlying Indebtedness is permitted hereunder;
Guaranties by Subsidiaries. In the event that Borrower, following the date of this Agreement, establishes any subsidiary, whether wholly owned or otherwise, such subsidiary shall become an unconditional and unlimited guarantor of Borrower’s indebtedness and obligations to Bank and shall immediately execute a guaranty instrument, in form and substance acceptable to Bank, together with such other documents, instruments and other undertakings as Bank may require in its sole and exclusive discretion.
Guaranties by Subsidiaries. 26 10.10. Transactions with Affiliates..................................................................27
Guaranties by Subsidiaries. The Company will not permit any Subsidiary to directly or indirectly guarantee any of the Company's Indebtedness or other obligations under the Credit Agreement unless such Subsidiary is, or concurrently therewith becomes, a party to the Subsidiary Guaranty.
