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

Limitation on Issuances of Guarantees of Indebtedness. (a) The Company will not permit any Subsidiary, directly or indirectly, to guarantee, assume or in any other manner become liable with respect to any Pari Passu Indebtedness or Subordinated Indebtedness of the Company unless such Subsidiary simultaneously executes and delivers a supplemental indenture to this Indenture providing for a Guarantee of the 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 1012 hereof and (B) if such Indebtedness is by its terms expressly subordinated to the Securities, any such assumption, guarantee or other liability of such Subsidiary with respect to such Indebtedness shall be subordinated to such Subsidiary's Guarantee of the Securities at least to the same extent as such Indebtedness is subordinated to the Securities. (b) Notwithstanding the foregoing, any Guarantee by a Subsidiary of the Securities shall provide by its terms that it (and all Liens securing the same) shall be automatically and unconditionally released and discharged upon any sale, exchange or transfer, to any Person not an Affiliate of the Company, of all of the Company's Capital Stock in, or all or substantially all the assets of, such Subsidiary, which transaction is in compliance with the terms of this Indenture and such Subsidiary is released from its guarantees of other Indebtedness of the Company or any Subsidiaries.

Limitation on Issuances of Guarantees of Indebtedness. (a) The Company will not permit any Restricted Subsidiary, directly or indirectly, to guarantee, assume Guarantee or in pledge any other manner become liable with respect assets to secure the payment of any Pari Passu Indebtedness or Subordinated Indebtedness of the Company (except Indebtedness of the Company under a guarantee of Indebtedness of one or more of its Restricted Subsidiaries) unless such Restricted Subsidiary simultaneously executes and delivers a supplemental indenture to this Indenture providing for a the Guarantee of the Securities payment of the premium, if any, principal, interest and Additional Interest, if any, on the same terms as the guarantee of Notes by such Indebtedness except that (A) such guarantee need not be secured unless required pursuant to Section 1012 hereof and (B) if such Indebtedness is by its terms expressly subordinated to the SecuritiesRestricted Subsidiary, any such assumption, guarantee or other liability of such Subsidiary with respect to such Indebtedness which Guarantee shall be subordinated senior to or pari passu with such Restricted Subsidiary's ’s Guarantee of the Securities at least or pledge to the same extent as secure such Indebtedness is subordinated to the Securities. (b) other Indebtedness. Notwithstanding the foregoing, any such Guarantee by a Restricted Subsidiary of the Securities Notes shall provide by its terms that it (and all Liens securing the same) shall be automatically and unconditionally released and discharged upon any sale, exchange or transfer, to any Person not an Affiliate of the Companyother than a Restricted Subsidiary, of all of the Company's Capital Stock ’s stock in, or all or substantially all the assets of, such Restricted Subsidiary, which transaction sale, exchange or transfer is made in compliance with the terms of this Indenture and such Subsidiary is released from its guarantees of other Indebtedness applicable provisions of the Company or any SubsidiariesIndenture. The form of such supplemental indenture providing for the Guarantee is attached as Exhibit E hereto.

Limitation on Issuances of Guarantees of Indebtedness. (a) The Company will shall not permit any Restricted Subsidiary, directly or indirectly, to guarantee, assume incur Indebtedness or in guarantee or pledge any assets to secure the payment of any other manner become liable with respect to any Pari Passu of the Company's Indebtedness or Subordinated Indebtedness that of any Restricted Subsidiary unless either the Company unless such Subsidiary Restricted Subsidiary (a) is a subsidiary guarantor or (b) simultaneously executes and delivers a supplemental indenture to this Indenture providing for and becomes a subsidiary guarantor which Guarantee shall (i) with respect to any Guarantee of the Securities Senior Debt, be subordinated in right of payment on the same terms as the guarantee of such Indebtedness except that (A) such guarantee need not be secured unless required pursuant to Section 1012 hereof and (B) if such Indebtedness is by its terms expressly Notes are subordinated to the Securities, any such assumption, guarantee or other liability of such Subsidiary Senior Debt; and (ii) with respect to such Indebtedness shall any Guarantee of any other Indebtedness, be subordinated senior to such or rank equal to the Restricted Subsidiary's other Indebtedness or Guarantee of or pledge to secure the Securities at least to the same extent as such Indebtedness is subordinated to the Securities. (b) other Indebtedness. Notwithstanding the foregoingpreceding paragraph, any Guarantee by a Restricted Subsidiary of the Securities Notes shall provide by its terms that it (and all Liens securing the same) shall be automatically and unconditionally released and discharged upon any sale, exchange exchange, or transfer, to any Person not an Affiliate of the CompanyPerson, of all of the Company's Capital Stock stock in, or all or substantially all the assets of, such of the Restricted Subsidiary, which transaction sale, exchange, or transfer is made in compliance with the terms applicable provisions of this Indenture and such Subsidiary is released from its guarantees of other Indebtedness of the Company or any SubsidiariesIndenture.

Limitation on Issuances of Guarantees of Indebtedness. (a) The Company will shall not permit any Domestic Restricted Subsidiary, directly or indirectly, to guaranteeincur Indebtedness, assume or in Guarantee or pledge any assets to secure the payment of any other manner become liable with respect to any Pari Passu Indebtedness or Subordinated Indebtedness of the Company or any Restricted Subsidiary, unless either such Restricted Subsidiary (1) is a Subsidiary Guarantor or (2) simultaneously executes and delivers a supplemental indenture in the form of Exhibit F to this Indenture providing for and becomes a Subsidiary Guarantor, which Guarantee shall (a) with respect to any Guarantee of the Securities Senior Debt, be subordinated in right of payment on the same terms as the guarantee of Notes are subordinated to such Indebtedness except that (A) such guarantee need not be secured unless required pursuant to Section 1012 hereof Senior Debt and (Bb) if with respect to any Guarantee of any other Indebtedness, be senior to or pari passu with such Restricted Subsidiary's other Indebtedness is by its terms expressly subordinated or Guarantee of or pledge to secure such other Indebtedness. Notwithstanding the Securitiespreceding paragraph, any such assumption, guarantee or other liability of such Subsidiary with respect to such Indebtedness shall be subordinated to such Subsidiary's Guarantee of the Securities at least to the same extent as such Indebtedness is subordinated to the Securities. (b) Notwithstanding the foregoing, any Guarantee by a Restricted Subsidiary of the Securities Notes shall provide by its terms that it (and all Liens securing the same) shall be automatically and unconditionally released and discharged upon any sale, exchange or transfer, to any Person not an Affiliate of the Company, of all of the Company's Capital Stock stock in, or all or substantially all the assets of, such Restricted Subsidiary, which transaction sale, exchange or transfer is made in compliance with the terms applicable provisions of this Indenture and such Subsidiary is released from its guarantees of other Indebtedness of the Company or any SubsidiariesIndenture.

Limitation on Issuances of Guarantees of Indebtedness. (a) The Company will not permit any Subsidiary, directly or indirectly, to guarantee, assume or in any other manner become liable with respect to any Pari Passu Indebtedness or Subordinated Indebtedness of the Company unless such Subsidiary simultaneously executes and delivers a supplemental indenture to this the Indenture providing for a Guarantee of the 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 1012 hereof 1011 and (B) if such Indebtedness is by its terms expressly subordinated to the Securities, any such assumption, guarantee or other liability of such Subsidiary with respect to such Indebtedness shall be subordinated to such Subsidiary's Guarantee of the Securities at least to the same extent as such Indebtedness is subordinated to the Securities. (b) Notwithstanding the foregoing, any Guarantee by a Subsidiary of the Securities shall provide by its terms that it (and all Liens securing the same) shall be automatically and unconditionally released and discharged upon any sale, exchange or transfer, to any Person not an Affiliate of the Company, of all of the Company's Capital Stock in, or all or substantially all the assets of, such Subsidiary, which transaction is in 112 compliance with the terms of this Indenture and pursuant to which transaction such Subsidiary is released from its guarantees all guarantees, if any, by it of other Indebtedness of the Company or any Subsidiaries.

Limitation on Issuances of Guarantees of Indebtedness. (a) The Company will not permit any Restricted Subsidiary, directly or indirectly, to guarantee, assume Guarantee or in pledge any other manner become liable with respect assets to secure the payment of any Pari Passu Indebtedness or Subordinated Indebtedness of the Company (except Indebtedness of the Company under a guarantee of Indebtedness of one or more of its Restricted Subsidiaries) unless such Restricted Subsidiary simultaneously executes and delivers a supplemental indenture to this Indenture providing for a the Guarantee of the Securities on payment of the same terms as the guarantee of Notes by such Indebtedness except that (A) such guarantee need not be secured unless required pursuant to Section 1012 hereof and (B) if such Indebtedness is by its terms expressly subordinated to the SecuritiesRestricted Subsidiary, any such assumption, guarantee or other liability of such Subsidiary with respect to such Indebtedness which Guarantee shall be subordinated senior to or pari passu with such Restricted Subsidiary's Guarantee of the Securities at least or pledge to the same extent as secure such Indebtedness is subordinated to the Securities. (b) other Indebtedness. Notwithstanding the foregoing, any such Guarantee by a Restricted Subsidiary of the Securities Notes shall provide by its terms that it (and all Liens securing the same) shall be automatically and unconditionally released and discharged upon any sale, exchange or transfer, to any Person not an Affiliate other than a Restricted Subsidiary of the Company, of all of the Company's Capital Stock stock in, or all or substantially all the assets of, such Restricted Subsidiary, which transaction sale, exchange or transfer is made in compliance with the terms of this Indenture and such Subsidiary is released from its guarantees of other Indebtedness applicable provisions of the Company or any SubsidiariesIndenture. The form of such Guarantee is attached as Exhibit D hereto.