Limitation on Issuance of Guarantees of Indebtedness by Subsidiaries. The Issuer will not cause or permit any of its Subsidiaries that is not a Guarantor or the Co-Issuer, directly or indirectly, to guarantee, assume or in any other manner become liable for the payment of any Indebtedness of the Issuers or any Guarantor (i) under any Credit Facilities or (ii) that constitutes Public Indebtedness, unless such Subsidiary executes and delivers a supplemental indenture to this Indenture providing for a Guarantee by such Subsidiary on the same basis as the guarantee of such Indebtedness within 90 days thereof or if later, within 90 days of the Completion Date; provided that if such Indebtedness is by its terms expressly subordinated in right of payment to the Notes or any Guarantee, any such guarantee, assumption or other liability of such Subsidiary with respect to such Indebtedness shall be subordinated in right of payment to such Subsidiary’s Guarantee at least to the same extent as such Indebtedness is subordinated in right of payment to the Notes or such other Guarantee; provided further (i) a Foreign Subsidiary that is not a Guarantor will not be required to provide a Guarantee pursuant to this Section 4.05 due to any guarantee by the Issuer of Indebtedness of such Foreign Subsidiary and (ii) a Foreign Subsidiary that is not a Guarantor will not be required to provide a Guarantee if such Foreign Subsidiary guarantees, assumes or in any other manner becomes liable for the payment of the Indebtedness of another Foreign Subsidiary that is not a Guarantor if such Indebtedness is guaranteed by the Issuer. To the extent any Subsidiary of the Issuer is required to provide a Guarantee, such Guarantee will be limited as necessary to recognize certain defenses generally available to guarantors or other considerations under applicable law, including fraudulent conveyance.
Limitation on Issuance of Guarantees of Indebtedness by Subsidiaries. The Issuer will not cause or permit any of its Subsidiaries that is not a Guarantor or the Co-Issuer, directly or indirectly, to guarantee, assume or in any other manner become liable for the payment of any Indebtedness of the Issuers or any Guarantor (i) under any Credit Facilities or
