Common use of Limitation on Issuances of Guarantees of Indebtedness Clause in Contracts

Limitation on Issuances of Guarantees of Indebtedness. The Company shall not permit any Restricted Subsidiary that is not a Guarantor, directly or indirectly, to Guarantee or pledge any assets to secure the payment of any other Indebtedness of the Company or any Guarantor (other than such Restricted Subsidiary) unless such Restricted Subsidiary simultaneously executes and delivers a supplemental indenture in the form attached as Exhibit F hereto providing for the Guarantee of the payment of the Notes by such Subsidiary, which Guarantee shall be senior to or pari passu with such Restricted Subsidiary's Guarantee of or pledge to secure such other Indebtedness, unless such other Indebtedness is Senior Debt or Guarantor Senior Debt, in which case the Guarantee of the Notes shall be subordinated to the Guarantee of such Senior Debt or Guarantor Senior Debt to the same extent as the Notes are subordinated to such Senior Debt. Notwithstanding the preceding paragraph, any Subsidiary Guarantee of the Notes shall provide by its terms that it shall be automatically and unconditionally released and discharged under the circumstances described in Section 11 hereof. The form of the Subsidiary Guarantee is attached as Exhibit E hereto.

Limitation on Issuances of Guarantees of Indebtedness. The Company shall not permit any of its Restricted Subsidiary that is not a GuarantorSubsidiaries, directly or indirectly, to Guarantee or pledge any assets to secure the payment of any other Indebtedness of the Company or any Guarantor (other than such Restricted Subsidiary) unless such Restricted Subsidiary simultaneously executes and delivers a supplemental indenture in the form attached as Exhibit F hereto providing for the Guarantee of the payment of the Notes by such Restricted Subsidiary, which Guarantee shall be senior to or pari passu with such Restricted Subsidiary's Guarantee of or pledge to secure such other Indebtedness, unless such other Indebtedness is Senior Debt or Guarantor Senior Debt, in which case the Guarantee of the Notes shall may be subordinated to the Guarantee of such Senior Debt or Guarantor Senior Debt to the same extent as the Notes are subordinated to such Senior Debt. Notwithstanding the preceding paragraph, any Subsidiary Guarantee of the Notes shall provide by its terms that it shall will be automatically and unconditionally released and discharged under the circumstances described in Section 11 hereofArticle One of this Indenture. The form of the Subsidiary Guarantee is attached as Exhibit E heretoan exhibit to this Indenture.

Limitation on Issuances of Guarantees of Indebtedness. The Company shall will not cause or permit any Restricted Subsidiary that (which is not a Guarantor), directly or indirectly, to Guarantee guarantee, assume or pledge any assets to secure the payment of in any other manner become liable with respect to any Indebtedness of the Company or any Guarantor (other than such Restricted Subsidiary) Subsidiary unless such Restricted Subsidiary simultaneously executes and delivers a supplemental indenture in the form attached as Exhibit F hereto to this Indenture providing for the a Guarantee of the payment Securities on the same terms as the guarantee of such Indebtedness except that (A) such guarantee need not be secured unless required pursuant to Section 1006 and (B) if such Indebtedness is by its terms expressly subordinated to the Notes by Securities, any such Subsidiaryassumption, which Guarantee guarantee or other liability of such Restricted Subsidiary with respect to such Indebtedness shall be senior subordinated to or pari passu with such Restricted Subsidiary's Guarantee of or pledge to secure such other Indebtedness, unless such other Indebtedness is Senior Debt or Guarantor Senior Debt, in which case the Guarantee of the Notes shall be subordinated to the Guarantee of such Senior Debt or Guarantor Senior Debt Securities at least to the same extent as the Notes are such Indebtedness is subordinated to such Senior Debtthe Securities. Notwithstanding the preceding paragraphforegoing, a Subsidiary (which is not a Guarantor) whether or not existing as of the date of the First Supplemental Indenture, shall not have any Subsidiary obligation to provide a Guarantee of the Notes shall provide by its terms that it shall be automatically and unconditionally released and discharged Securities or securities of any series issued under the circumstances described this Indenture, except as set forth in this Section 11 hereof. The form of the Subsidiary Guarantee is attached as Exhibit E hereto1018.

Limitation on Issuances of Guarantees of Indebtedness. The Company shall will not permit any Restricted Subsidiary that Subsidiary, which is not a Guarantor, directly or indirectly, to Guarantee or pledge any assets to secure the payment of any other Indebtedness of the Company or any Guarantor (other than such Restricted Subsidiary) unless such Restricted Subsidiary simultaneously executes and delivers a supplemental indenture in the form attached as Exhibit F hereto providing for the Guarantee of the payment of the Notes by such Restricted Subsidiary, which Guarantee shall be senior to or pari passu with such Restricted Subsidiary's Guarantee of or pledge to secure such other Indebtedness, Indebtedness unless such other Indebtedness is Senior Debt or Guarantor Senior Debt, in which case the Guarantee of the Notes shall may be subordinated to the Guarantee of such Senior Debt or Guarantor Senior Debt to the same extent as the Notes are subordinated to such Senior Debt. Notwithstanding the preceding paragraph, any Any Subsidiary Guarantee of the Notes shall provided for pursuant to this Section 4.17 will provide by its terms that it shall will be automatically and unconditionally released and discharged under upon the circumstances release by the holders of the Indebtedness of the Company described in Section 11 hereofthe preceding sentence of their guarantee by such Restricted Subsidiary (including any deemed release upon payment in full of all obligations under such Indebtedness other than as a result of payment under such guarantee). The form of the Such Subsidiary Guarantee is attached as shall be in the form set forth in Exhibit E attached hereto.

Limitation on Issuances of Guarantees of Indebtedness. The Company shall not permit any Restricted Subsidiary that is not a Guarantor, directly or indirectly, to Guarantee or pledge any assets to secure the payment of any other Indebtedness of the Company or any Guarantor (other than such Restricted Subsidiary) unless such Restricted Subsidiary simultaneously executes and delivers a supplemental indenture in the form attached as Exhibit F hereto providing for the Guarantee of the payment of the Notes by such Subsidiary, which Guarantee shall be senior to or pari passu with such Restricted Subsidiary's Guarantee of or pledge to secure such other Indebtedness, unless such other Indebtedness is Senior Debt or Guarantor Senior Debt, in which case the Guarantee of the Notes shall be subordinated to the Guarantee of such Senior Debt or Guarantor Senior Debt to the same extent as the Notes are subordinated to such Senior Debt. Notwithstanding the preceding paragraph, any Subsidiary Guarantee of the Notes shall provide by its terms that it shall be automatically and unconditionally released and discharged under the circumstances described in Section 11 hereof. The form of the Subsidiary Guarantee is attached as Exhibit E hereto.