Common use of Indenture; Subsidiary Guarantors Clause in Contracts

Indenture; Subsidiary Guarantors. The Issuer issued the Notes under an Indenture dated as of October 9, 2009 (the “Indenture”), among the Issuer, the Subsidiary Guarantors and the Trustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 as in effect on the date of the Indenture (the “Trust Indenture Act”). Terms used in this Note and not defined herein have the meanings ascribed thereto in the Indenture. The Notes are subject to all terms and provisions of the Indenture, and the Holders (as defined in the Indenture) are referred to the Indenture and the Trust Indenture Act for a statement of such terms and provisions. The Notes are senior secured obligations of the Issuer. This Note is one of the Exchange Notes referred to in the Indenture. The Notes include the Original Notes, Additional Notes and any Exchange Notes issued in exchange for the Original Notes or Additional Notes pursuant to the Indenture. The Original Notes, Additional Notes and any Exchange Notes are treated as a single class of securities under the Indenture. To guarantee the due and punctual payment of the principal, premium, if any, and interest on the Notes and all other amounts payable by the Issuer under the Indenture, the Notes, the Security Documents when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the terms of the Notes and the Indenture, the Subsidiary Guarantors have unconditionally guaranteed (and future guarantors, together with the Subsidiary Guarantors, shall unconditionally Guarantee), jointly and severally, such obligations on a senior secured first priority basis pursuant to the terms of the Indenture.

Indenture; Subsidiary Guarantors. The Issuer issued the Notes under an Indenture dated as of October 9, 2009 (the “Indenture”), among the Issuer, the Subsidiary Guarantors and the Trustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 as in effect on the date of the Indenture (the “Trust Indenture Act”). Terms used in this Note and not defined herein have the meanings ascribed thereto in the Indenture. The Notes are subject to all terms and provisions of the Indenture, and the Holders (as defined in the Indenture) are referred to the Indenture and the Trust Indenture Act for a statement of such terms and provisions. The Notes are senior secured obligations of the Issuer. This Note is one of the Exchange [Original] [Additional] Notes referred to in the Indenture. The Notes include the Original Notes, Additional Notes and any Exchange Notes issued in exchange for the Original Notes or Additional Notes pursuant to the Indenture. The Original Notes, Additional Notes and any Exchange Notes are treated as a single class of securities under the Indenture. To guarantee the due and punctual payment of the principal, premium, if any, and interest and Additional Interest on the Notes and all other amounts payable by the Issuer under the Indenture, the Notes, the Security Documents when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the terms of the Notes and the Indenture, the Subsidiary Guarantors have unconditionally guaranteed (and future guarantors, together with the Subsidiary Guarantors, shall unconditionally Guarantee), jointly and severally, such obligations on a senior secured first first-priority basis pursuant to the terms of the Indenture.

Indenture; Subsidiary Guarantors. The Issuer issued the Notes under an Indenture dated as of October 9, 2009 (the “Indenture”), among the Issuer, the Subsidiary Guarantors and the Trustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 as in effect on the date of the Indenture (the “Trust Indenture Act”). Terms used in this Note and not defined herein have the meanings ascribed thereto in the Indenture. The Notes are subject to all terms and provisions of the Indenture, and the Holders (as defined in the Indenture) are referred to the Indenture and the Trust Indenture Act for a statement of such terms and provisions. The Notes are senior secured obligations of the Issuer. This Note is one of the Exchange [Original] [Additional] Notes referred to in the Indenture. The Notes include the Original Notes, Notes and Additional Notes and any Exchange Notes issued in exchange for the Original Notes or Additional Notes pursuant to the Indenture. The Original Notes, Additional Notes and any Exchange Additional Notes are treated as a single class of securities under the Indenture. To guarantee the due and punctual payment of the principal, premium, if any, and interest on the Notes and all other amounts payable by the Issuer under the Indenture, the Notes, the Security Documents when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the terms of the Notes and the Indenture, the Subsidiary Guarantors have unconditionally guaranteed (and future guarantors, together with the Subsidiary Guarantors, shall unconditionally Guarantee), jointly and severally, such obligations on a senior secured first second-priority basis pursuant to the terms of the Indenture.

Indenture; Subsidiary Guarantors. The Issuer issued the Notes under an Indenture dated as of October 98, 2009 2010 (the “Indenture”), among the Issuer, the Subsidiary Guarantors Guarantors, the Trustee and Wilmington Trust FSB as Collateral Trustee (the “Collateral Trustee”). The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 as in effect on the date of the Indenture (the “Trust Indenture Act”). Terms used in this Note and not defined herein have the meanings ascribed thereto in the Indenture. The Notes are subject to all terms and provisions of the Indenture, and the Holders (as defined in the Indenture) are referred to the Indenture and the Trust Indenture Act for a statement of such terms and provisions. The Notes are senior secured obligations of the Issuer. This Note is one of the Exchange [Original] [Additional] Notes referred to in the Indenture. The Notes include the Original Notes, Notes and Additional Notes and any Exchange Notes issued in exchange for the Original Notes or Additional Notes pursuant to the Indenture. The Original Notes, Additional Notes and any Exchange Additional Notes are treated as a single class of securities under the Indenture. To guarantee the due and punctual payment of the principal, premium, if any, and interest on the Notes and all other amounts payable by the Issuer under the Indenture, the Notes, the Security Documents and the Intercreditor Agreement when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the terms of the Notes Notes, the Indenture, the Security Documents and the IndentureIntercreditor Agreement, the Subsidiary Guarantors have unconditionally guaranteed (and future guarantors, together with the Subsidiary Guarantors, shall unconditionally Guarantee), jointly and severally, such obligations on a senior secured first second-priority basis pursuant to the terms of the Indenture.

Indenture; Subsidiary Guarantors. The Issuer issued the Notes under an Indenture dated as of October 9[ , 2009 , 20 ] (the “Indenture”), among the Issuer, the Subsidiary Guarantors and the Trustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 as in effect on the date of the Indenture (the “Trust Indenture Act”). Terms used in this Note and not defined herein have the meanings ascribed thereto in the Indenture. The Notes are subject to all terms and provisions of the Indenture, and the Holders (as defined in the Indenture) are referred to the Indenture and the Trust Indenture Act for a statement of such terms and provisions. The Notes are senior secured unsecured obligations of the Issuer. This Note is one of the Exchange [Original] [Additional] Notes referred to in the Indenture. The Notes include the Original Notes, Additional Notes and any Exchange Notes issued in exchange for the Original Notes or Additional Notes pursuant to the Indenture. The Original Notes, Additional Notes and any Exchange Notes are treated as a single class of securities under the Indenture. To guarantee the due and punctual payment of the principal, premium, if any, and interest and Additional Interest on the Notes and all other amounts payable by the Issuer under the Indenture, Indenture and the Notes, the Security Documents Notes when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the terms of the Notes and the Indenture, the Subsidiary Guarantors have unconditionally guaranteed (and future guarantors, together with the Subsidiary Guarantors, shall unconditionally Guarantee), jointly and severally, such obligations on a senior secured first priority unsecured basis pursuant to the terms of the Indenture.

Indenture; Subsidiary Guarantors. The Issuer issued the Notes under an Indenture dated as of October 9[ , 2009 20 ] (the “Indenture”), among the Issuer, the Subsidiary Guarantors and the Trustee. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 as in effect on the date of the Indenture (the “Trust Indenture Act”). Terms used in this Note and not defined herein have the meanings ascribed thereto in the Indenture. The Notes are subject to all terms and provisions of the Indenture, and the Holders (as defined in the Indenture) are referred to the Indenture and the Trust Indenture Act for a statement of such terms and provisions. The Notes are senior secured unsecured obligations of the Issuer. This Note is one of the Exchange Notes referred to in the Indenture. The Notes include the Original Notes, Additional Notes and any Exchange Notes issued in exchange for the Original Notes or Additional Notes pursuant to the Indenture. The Original Notes, Additional Notes and any Exchange Notes are treated as a single class of securities under the Indenture. To guarantee the due and punctual payment of the principal, premium, if any, and interest on the Notes and all other amounts payable by the Issuer under the Indenture, Indenture and the Notes, the Security Documents Notes when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the terms of the Notes and the Indenture, the Subsidiary Guarantors have unconditionally guaranteed (and future guarantors, together with the Subsidiary Guarantors, shall unconditionally Guarantee), jointly and severally, such obligations on a senior secured first priority unsecured basis pursuant to the terms of the Indenture.

Indenture; Subsidiary Guarantors. The Issuer issued the Notes under an Indenture dated as of October 98, 2009 2010 (the “Indenture”), among the Issuer, the Subsidiary Guarantors Guarantors, the Trustee and Wilmington Trust FSB as Collateral Trustee (the “Collateral Trustee”). The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act of 1939 as in effect on the date of the Indenture (the “Trust Indenture Act”). Terms used in this Note and not defined herein have the meanings ascribed thereto in the Indenture. The Notes are subject to all terms and provisions of the Indenture, and the Holders (as defined in the Indenture) are referred to the Indenture and the Trust Indenture Act for a statement of such terms and provisions. The Notes are senior secured obligations of the Issuer. This Note is one of the Exchange Original Notes referred to in the Indenture. The Notes include the Original Notes, Notes and Additional Notes and any Exchange Notes issued in exchange for the Original Notes or Additional Notes pursuant to the Indenture. The Original Notes, Additional Notes and any Exchange Additional Notes are treated as a single class of securities under the Indenture. To guarantee the due and punctual payment of the principal, premium, if any, and interest on the Notes and all other amounts payable by the Issuer under the Indenture, the Notes, the Security Documents and the Intercreditor Agreement when and as the same shall be due and payable, whether at maturity, by acceleration or otherwise, according to the terms of the Notes Notes, the Indenture, the Security Documents and the IndentureIntercreditor Agreement, the Subsidiary Guarantors have unconditionally guaranteed (and future guarantors, together with the Subsidiary Guarantors, shall unconditionally Guarantee), jointly and severally, such obligations on a senior secured first second-priority basis pursuant to the terms of the Indenture.