LIMITATION ON SUPPLY OF STEAM BY LANXESS Sample Clauses

LIMITATION ON SUPPLY OF STEAM BY LANXESS. (a) The Parties acknowledge that the supply of Steam hereunder is dependent on and subject to the operation of the TransAlta cogeneration facilities. The Parties acknowledge and agree that flow rates, specifications, emergency supply procedures and the like are subject to and administered under the ESA. LANXESS shall not be required to supply any Steam hereunder in any circumstances where LANXESS believes such supply or acceptance may cause injury or damage to any Persons, property or the natural environment or any violation of the ESA;
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  • Limitation on Support State Street shall have no obligation to support the Fund’s use of the System: (1) for use on any computer equipment or telecommunication facilities which does not conform to the Designated Configuration or (ii) in the event the Fund has modified the System in breach of this Addendum. In Witness Whereof, each of the parties has caused this instrument to be executed in its name and on its behalf by its duly authorized representative as of the date and year first written above. X. XXXX PRICE GROWTH STOCK FUND, INC. X. XXXX PRICE NEW HORIZONS FUND, INC. X. XXXX PRICE NEW ERA FUND, INC. X. XXXX PRICE NEW INCOME FUND, INC. X. XXXX PRICE PRIME RESERVE FUND, INC. X. XXXX PRICE INTERNATIONAL FUNDS, INC. X. Xxxx Price International Bond Fund X. Xxxx Price International Stock Fund X. Xxxx Price International Discovery Fund X. Xxxx Price European Stock Fund X. Xxxx Price New Asia Fund X. Xxxx Price Global Government Bond Fund X. Xxxx Price Japan Fund X. Xxxx Price Latin America Fund X. Xxxx Price Emerging Markets Bond Fund X. Xxxx Price Emerging Markets Stock Fund X. Xxxx Price Global Stock Fund X. XXXX PRICE GROWTH & INCOME FUND, INC. X. XXXX PRICE SHORT-TERM BOND FUND, INC. X. XXXX PRICE TAX-FREE INCOME FUND, INC. X. XXXX PRICE TAX-EXEMPT MONEY FUND, INC. X. XXXX PRICE TAX-FREE SHORT-INTERMEDIATE FUND, INC. X. XXXX PRICE HIGH YIELD FUND, INC. X. XXXX PRICE TAX-FREE HIGH YIELD FUND, INC. X. XXXX PRICE NEW AMERICA GROWTH FUND X. XXXX PRICE EQUITY INCOME FUND X. XXXX PRICE GNMA FUND X. XXXX PRICE CAPITAL APPRECIATION FUND X. XXXX PRICE STATE TAX-FREE INCOME TRUST Maryland Tax-Free Bond Fund Maryland Short-Term Tax-Free Bond Fund New York Tax-Free Bond Fund New York Tax-Free Money Fund Virginia Tax-Free Bond Fund Xxxxxxxx Xxxxx-Term Tax-Free Bond Fund New Jersey Tax-Free Bond Fund Georgia Tax-Free Bond Fund Florida Insured Intermediate Tax-Free Fund X. XXXX PRICE CALIFORNIA TAX-FREE INCOME TRUST California Tax-Free Bond Fund California Tax-Free Money Fund X. XXXX PRICE SCIENCE & TECHNOLOGY FUND, INC. X. XXXX PRICE SMALL-CAP VALUE FUND, INC. INSTITUTIONAL INTERNATIONAL FUNDS, INC. Foreign Equity Fund X. XXXX PRICE U.S. TREASURY FUNDS, INC. U.S. Treasury Intermediate Fund U.S. Treasury Long-Term Fund U.S. Treasury Money Fund X. XXXX PRICE INDEX TRUST, INC. X. Xxxx Price Equity Index 500 Fund X. Xxxx Price Extended Equity Market Index Fund X. Xxxx Price Total Equity Market Index Fund X. XXXX PRICE SPECTRUM FUND, INC. Spectrum Growth Fund Spectrum Income Fund Spectrum International Fund X. XXXX PRICE BALANCED FUND, INC. X. XXXX PRICE SHORT-TERM U.S. GOVERNMENT FUND, INC. X. XXXX PRICE MID-CAP GROWTH FUND, INC. X. XXXX PRICE TAX-FREE INSURED INTERMEDIATE BOND FUND, INC. X. XXXX PRICE DIVIDEND GROWTH FUND, INC. X. XXXX PRICE BLUE CHIP GROWTH FUND, INC. X. XXXX PRICE SUMMIT FUNDS, INC. X. Xxxx Price Summit Cash Reserves Fund X. Xxxx Price Summit Limited-Term Bond Fund X. Xxxx Price Summit GNMA Fund X. XXXX PRICE SUMMIT MUNICIPAL FUNDS, INC. X. Xxxx Price Summit Municipal Money Market Fund X. Xxxx Price Summit Municipal Intermediate Fund X. Xxxx Price Summit Municipal Income Fund X. XXXX PRICE EQUITY SERIES, INC. X. Xxxx Price Equity Income Portfolio X. Xxxx Price New America Growth Portfolio X. Xxxx Price Personal Strategy Balanced Portfolio X. Xxxx Price Mid-Cap Growth Portfolio X. XXXX PRICE INTERNATIONAL SERIES, INC. X. Xxxx Price International Stock Portfolio X. XXXX PRICE FIXED INCOME SERIES, INC. X. Xxxx Price Limited-Term Bond Portfolio X. Xxxx Price Prime Reserve Portfolio X. XXXX PRICE PERSONAL STRATEGY FUNDS, INC. X. Xxxx Price Personal Strategy Balanced Fund X. Xxxx Price Personal Strategy Growth Fund X. Xxxx Price Personal Strategy Income Fund X. XXXX PRICE VALUE FUND, INC. X. XXXX PRICE CAPITAL OPPORTUNITY FUND, INC. X. XXXX PRICE CORPORATE INCOME FUND, INC. X. XXXX PRICE HEALTH SCIENCES FUND, INC. X. XXXX PRICE MID-CAP VALUE FUND, INC. INSTITUTIONAL EQUITY FUNDS, INC. Mid-Cap Equity Growth Fund X. XXXX PRICE DIVERSIFIED SMALL-CAP GROWTH FUND, INC. X. XXXX PRICE FINANCIAL SERVICES FUND, INC. X. XXXX PRICE REAL ESTATE FUND, INC. X. XXXX PRICE SMALL CAP STOCK FUND, INC. X. Xxxx Price Small Cap Stock Fund X. XXXX PRICE MEDIA & TELECOMMUNICATIONS FUND, INC. X. XXXX PRICE TAX EFFICIENT BALANCED FUND, INC. RESERVE INVESTMENT FUNDS, INC. Government Reserve Investment Fund Reserve Investment Fund Signature attested to: Executed on Behalf of each Fund: /s/Xxxxxxx X. Xxxxxxxxxxx /s/Xxxxxx Xxxxxx By:__________________________________Name: Xxxxxxx X. FraunhofferTitle: Legal Assistant By:__________________________________Name: Xxxxxx DeyesuTitle: Treasurer for each of the foregoing Signature attested to: State Street Bank and Trust Company /s/Xxxxx Xxxxxx /s/Xxxxxx X. Xxxxx By:__________________________________Name: Xxxxx CiottiTitle: VP & Assoc. Counsel By:__________________________________Name: Xxxxxx X. LogueTitle: Executive Vice President Schedule A Country Subcustodian Central Depository United Kingdom State Street Bank and Trust Company None; The Bank of England The Central Gilts Office (CGO); The Central Moneymarkets Office (CMO) Euroclear (The Euroclear System)/State Street London Limited Appendix A X. XXXX PRICE GROWTH STOCK FUND, INC. X. XXXX PRICE NEW HORIZONS FUND, INC. X. XXXX PRICE NEW ERA FUND, INC. X. XXXX PRICE NEW INCOME FUND, INC. X. XXXX PRICE PRIME RESERVE FUND, INC. X. XXXX PRICE INTERNATIONAL FUNDS, INC. X. Xxxx Price International Bond Fund X. Xxxx Price International Stock Fund X. Xxxx Price International Discovery Fund X. Xxxx Price European Stock Fund X. Xxxx Price New Asia Fund X. Xxxx Price Global Government Bond Fund X. Xxxx Price Japan Fund X. Xxxx Price Latin America Fund X. Xxxx Price Emerging Markets Bond Fund X. Xxxx Price Emerging Markets Stock Fund X. Xxxx Price Global Stock Fund X. XXXX PRICE GROWTH & INCOME FUND, INC. X. XXXX PRICE SHORT-TERM BOND FUND, INC. X. XXXX PRICE TAX-FREE INCOME FUND, INC. X. XXXX PRICE TAX-EXEMPT MONEY FUND, INC. X. XXXX PRICE TAX-FREE SHORT-INTERMEDIATE FUND, INC. X. XXXX PRICE HIGH YIELD FUND, INC. X. XXXX PRICE TAX-FREE HIGH YIELD FUND, INC. X. XXXX PRICE NEW AMERICA GROWTH FUND X. XXXX PRICE EQUITY INCOME FUND X. XXXX PRICE GNMA FUND X. XXXX PRICE CAPITAL APPRECIATION FUND X. XXXX PRICE STATE TAX-FREE INCOME TRUST Maryland Tax-Free Bond Fund Maryland Short-Term Tax-Free Bond Fund New York Tax-Free Bond Fund New York Tax-Free Money Fund Virginia Tax-Free Bond Fund Xxxxxxxx Xxxxx-Term Tax-Free Bond Fund New Jersey Tax-Free Bond Fund Georgia Tax-Free Bond Fund Florida Insured Intermediate Tax-Free Fund X. XXXX PRICE CALIFORNIA TAX-FREE INCOME TRUST California Tax-Free Bond Fund California Tax-Free Money Fund X. XXXX PRICE SCIENCE & TECHNOLOGY FUND, INC. X. XXXX PRICE SMALL-CAP VALUE FUND, INC. INSTITUTIONAL INTERNATIONAL FUNDS, INC. Foreign Equity Fund X. XXXX PRICE U.S. TREASURY FUNDS, INC. U.S. Treasury Intermediate Fund U.S. Treasury Long-Term Fund U.S. Treasury Money Fund X. XXXX PRICE INDEX TRUST, INC. X. Xxxx Price Equity Index 500 Fund X. Xxxx Price Extended Equity Market Index Fund X. Xxxx Price Total Equity Market Index Fund X. XXXX PRICE SPECTRUM FUND, INC. Spectrum Growth Fund Spectrum Income Fund Spectrum International Fund X. XXXX PRICE BALANCED FUND, INC. X. XXXX PRICE SHORT-TERM U.S. GOVERNMENT FUND, INC. X. XXXX PRICE MID-CAP GROWTH FUND, INC. X. XXXX PRICE TAX-FREE INSURED INTERMEDIATE BOND FUND, INC. X. XXXX PRICE DIVIDEND GROWTH FUND, INC. X. XXXX PRICE BLUE CHIP GROWTH FUND, INC. X. XXXX PRICE SUMMIT FUNDS, INC. X. Xxxx Price Summit Cash Reserves Fund X. Xxxx Price Summit Limited-Term Bond Fund X. Xxxx Price Summit GNMA Fund X. XXXX PRICE SUMMIT MUNICIPAL FUNDS, INC. X. Xxxx Price Summit Municipal Money Market Fund X. Xxxx Price Summit Municipal Intermediate Fund X. Xxxx Price Summit Municipal Income Fund X. XXXX PRICE EQUITY SERIES, INC. X. Xxxx Price Equity Income Portfolio X. Xxxx Price New America Growth Portfolio X. Xxxx Price Personal Strategy Balanced Portfolio X. Xxxx Price Mid-Cap Growth Portfolio X. XXXX PRICE INTERNATIONAL SERIES, INC. X. Xxxx Price International Stock Portfolio X. XXXX PRICE FIXED INCOME SERIES, INC. X. Xxxx Price Limited-Term Bond Portfolio X. Xxxx Price Prime Reserve Portfolio X. XXXX PRICE PERSONAL STRATEGY FUNDS, INC. X. Xxxx Price Personal Strategy Balanced Fund X. Xxxx Price Personal Strategy Growth Fund X. Xxxx Price Personal Strategy Income Fund X. XXXX PRICE VALUE FUND, INC. X. XXXX PRICE CAPITAL OPPORTUNITY FUND, INC. X. XXXX PRICE CORPORATE INCOME FUND, INC. X. XXXX PRICE HEALTH SCIENCES FUND, INC. X. XXXX PRICE MID-CAP VALUE FUND, INC. INSTITUTIONAL EQUITY FUNDS, INC. Mid-Cap Equity Growth Fund X. XXXX PRICE DIVERSIFIED SMALL-CAP GROWTH FUND, INC. X. XXXX PRICE FINANCIAL SERVICES FUND, INC. X. XXXX PRICE REAL ESTATE FUND, INC. X. XXXX PRICE SMALL CAP STOCK FUND, INC. X. Xxxx Price Small Cap Stock Fund X. XXXX PRICE MEDIA & TELECOMMUNICATIONS FUND, INC. X. XXXX PRICE TAX EFFICIENT BALANCED FUND, INC. RESERVE INVESTMENT FUNDS, INC. Government Reserve Investment Fund Reserve Investment Fund AMENDMENT NO. 1 TO CUSTODIAN CONTRACT BETWEEN STATE STREET BANK AND TRUST COMPANY AND THE X. XXXX PRICE FUNDS The Custodian Contract of January 28, 1998, between State Street Bank and Trust Company and each of the Parties listed on Appendix A thereto is hereby further amended, as of November 4, 1998, by adding thereto X. Xxxx Price International Funds, Inc., on behalf of X. Xxxx Price International Growth & Income Fund. X. XXXX PRICE BALANCED FUND, INC. X. XXXX PRICE BLUE CHIP GROWTH FUND, INC. X. XXXX PRICE CALIFORNIA TAX-FREE INCOME TRUST California Tax-Free Bond Fund California Tax-Free Money Fund X. XXXX PRICE CAPITAL APPRECIATION FUND X. XXXX PRICE CAPITAL OPPORTUNITY FUND, INC. X. XXXX PRICE CORPORATE INCOME FUND, INC. X. XXXX PRICE DIVERSIFIED SMALL-CAP GROWTH FUND, INC. X. XXXX PRICE DIVIDEND GROWTH FUND, INC. X. XXXX PRICE EQUITY INCOME FUND X. XXXX PRICE EQUITY SERIES, INC. X. Xxxx Price Equity Income Portfolio X. Xxxx Price New America Growth Portfolio X. Xxxx Price Personal Strategy Balanced Portfolio X. Xxxx Price Mid-Cap Growth Portfolio X. XXXX PRICE FINANCIAL SERVICES FUND, INC. X. XXXX PRICE FIXED INCOME SERIES, INC. X. Xxxx Price Limited-Term Bond Portfolio X. Xxxx Price Prime Reserve Portfolio X. XXXX PRICE GNMA FUND X. XXXX PRICE GROWTH & INCOME FUND, INC. X. XXXX PRICE GROWTH STOCK FUND, INC. X. XXXX PRICE HEALTH SCIENCES FUND, INC. X. XXXX PRICE HIGH YIELD FUND, INC. X. XXXX PRICE INDEX TRUST, INC. X. Xxxx Price Equity Index 500 Fund X. Xxxx Price Extended Equity Market Index Fund X. Xxxx Price Total Equity Market Index Fund INSTITUTIONAL EQUITY FUNDS, INC. Mid-Cap Equity Growth Fund INSTITUTIONAL INTERNATIONAL FUNDS, INC. Foreign Equity Fund X. XXXX PRICE INTERNATIONAL FUNDS, INC. X. Xxxx Price International Bond Fund X. Xxxx Price International Discovery Fund X. Xxxx Price International Stock Fund X. Xxxx Price European Stock Fund X. Xxxx Price New Asia Fund X. Xxxx Price Global Bond Fund X. Xxxx Price Japan Fund X. Xxxx Price Latin America Fund X. Xxxx Price Emerging Markets Bond Fund X. Xxxx Price Emerging Markets Stock Fund X. Xxxx Price Global Stock Fund X. Xxxx Price International Growth & Income Fund X. XXXX PRICE INTERNATIONAL SERIES, INC. X. Xxxx Price International Stock Portfolio X. XXXX PRICE MEDIA & TELECOMMUNICATIONS FUND, INC. X. XXXX PRICE MID-CAP GROWTH FUND, INC. X. XXXX PRICE MID-CAP VALUE FUND, INC. X. XXXX PRICE NEW AMERICA GROWTH FUND X. XXXX PRICE NEW ERA FUND, INC. X. XXXX PRICE NEW HORIZONS FUNDS, INC. X. XXXX PRICE NEW INCOME FUND, INC. X. XXXX PRICE PERSONAL STRATEGY FUNDS, INC. X. Xxxx Price Personal Strategy Balanced Fund X. Xxxx Price Personal Strategy Growth Fund X. Xxxx Price Personal Strategy Income Fund X. XXXX PRICE PRIME RESERVE FUND, INC. X. XXXX PRICE REAL ESTATE FUND, INC. RESERVE INVESTMENT FUNDS, INC. Reserve Investment Fund Government Reserve Investment Fund X. XXXX PRICE SCIENCE & TECHNOLOGY FUND, INC. X. XXXX PRICE SHORT-TERM BOND FUND, INC. X. XXXX PRICE SHORT-TERM U.S. GOVERNMENT FUND, INC. X. XXXX PRICE SMALL-CAP STOCK FUND, INC. X. XXXX PRICE SMALL-CAP VALUE FUND, INC. X. XXXX PRICE SPECTRUM FUND, INC. Spectrum Growth Fund Spectrum Income Fund Spectrum International Fund

  • Limitation on Warranties The representations and warranties of the Sellers in Sections 3.3 and 3.4 hereof constitute the sole and exclusive representations and warranties to Purchaser in connection with the transactions contemplated hereby. Except as expressly set forth in Sections 3.3 and 3.4 of this Agreement, Sellers make no express or implied representation or warranty of any kind whatsoever (including, without limitation, any representation or warranty as to the physical condition or value of any of the assets of the Company or the Business, the future profitability or future earnings performance of the Business), and Sellers disclaim all liability and responsibility for any representation, warranty, covenant, agreement, or statement made or information communicated (orally or in writing) to Purchaser (including any opinion, information, or advice which may have been provided to Purchaser or any of its Affiliates, directors, managers, officers, employees, accounting firms, legal counsel or other agents, consultants or representatives by any stockholder, partner, director, officer, employee, accounting firm, legal counsel, or other agent, consultant, or representative of the Company or any Seller). Purchaser acknowledges that any estimates, forecasts, or projections furnished or made available to it concerning the Company or its properties, business, assets or liabilities have not been prepared in accordance with GAAP or standards applicable under the Securities Act, and such estimates, forecasts and projections, including any reflected in the Financial Statements and/or the Interim Financial Statements, reflect numerous assumptions, and are subject to material risks and uncertainties. Purchaser acknowledges that actual results may vary, perhaps materially, and Purchaser is not relying on any such estimates, forecasts or projections. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. ANY AND ALL PRIOR REPRESENTATIONS AND WARRANTIES MADE BY ANY PARTY OR ITS REPRESENTATIVES, WHETHER VERBALLY OR IN WRITING, ARE DEEMED TO HAVE BEEN MERGED INTO THIS AGREEMENT, IT BEING INTENDED THAT NO SUCH PRIOR REPRESENTATIONS OR WARRANTIES SHALL SURVIVE THE EXECUTION AND DELIVERY OF THIS AGREEMENT.

  • Limitation on Suits No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless

  • Limitation on Use Tenant shall use the Premises solely for the Permitted Use specified in Section N of the Summary. There shall not be any change in use without the prior written consent of Landlord which will not be unreasonably withheld. Tenant shall not do anything in or about the Premises which will (i) cause structural injury to the Building, or (ii) cause damage to any part of the Building except to the extent reasonably necessary for the installation of Tenant’s Trade Fixtures and Tenant’s Alterations, and then only in a manner which has been first approved by Landlord in writing. Tenant shall not operate any equipment within the Premises which will (i) materially damage the Building or the Common Area, (ii) overload existing electrical systems or other mechanical equipment servicing the Building, (iii) impair the efficient operation of the sprinkler system or the heating, ventilating or air conditioning (“HVAC”) equipment within or servicing the Building, or (iv) damage, overload or corrode the sanitary sewer system. Tenant shall not attach, hang or suspend anything from the ceiling, roof, walls or columns of the Building or set any load on the floor in excess of the load limits for which such items are designed nor operate hard wheel forklifts within the Premises. Any dust, fumes, or waste products generated by Tenant’s use of the Premises shall be contained and disposed so that they do not (i) create an unreasonable fire or health hazard, (ii) damage the Premises, or (iii) result in the violation of any Law. Except as approved by Landlord, Tenant shall not change the exterior of the Building or install any equipment or antennas on or make any penetrations of the exterior or roof of the Building. Tenant shall not commit any waste in or about the Premises, and Tenant shall keep the Premises in a neat, clean, attractive and orderly condition, free of any nuisances. If Landlord designates a standard window covering for use throughout the Building, Tenant shall use this standard window covering to cover all windows in the Premises. Tenant shall not conduct on any portion of the Premises or the Project any sale of any kind, including any public or private auction, fire sale, going-out-of-business sale, distress sale or other liquidation sale.

  • Limitation on Liability of Limited Partners No Limited Partner shall be liable for any debts, liabilities, contracts or obligations of the Partnership. A Limited Partner shall be liable to the Partnership only to make payments of its Capital Contribution, if any, as and when due hereunder. After its Capital Contribution is fully paid, no Limited Partner shall, except as otherwise required by the Act, be required to make any further Capital Contributions or other payments or lend any funds to the Partnership.

  • SECTION 507. Limitation on Suits No Holder of any Security of any series shall have any right to institute any proceeding, judicial or otherwise, with respect to this Indenture, or for the appointment of a receiver or trustee, or for any other remedy hereunder, unless

  • Limitation on Liability The Company and the Underwriters agree that it would not be just and equitable if contribution pursuant to this Section 7 were determined by pro rata allocation (even if the Underwriters were treated as one entity for such purpose) or by any other method of allocation that does not take account of the equitable considerations referred to in paragraph (d) above. The amount paid or payable by an Indemnified Person as a result of the losses, claims, damages and liabilities referred to in paragraph (d) above shall be deemed to include, subject to the limitations set forth above, any legal or other expenses incurred by such Indemnified Person in connection with any such action or claim. Notwithstanding the provisions of this Section 7, in no event shall an Underwriter be required to contribute any amount in excess of the amount by which the total underwriting discounts and commissions received by such Underwriter with respect to the offering of the Securities exceeds the amount of any damages that such Underwriter has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission. No person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation. The Underwriters’ obligations to contribute pursuant to this Section 7 are several in proportion to their respective purchase obligations hereunder and not joint.

  • DECLARATION OF TRUST AND LIMITATION OF LIABILITY A copy of the Declaration of Trust of the Fund is on file with the Secretary of State of the Commonwealth of Massachusetts, and notice is hereby given that this Agreement is executed by an officer of the Fund on behalf of the Trustees, as trustees and not individually, and that the obligations of this Agreement with respect to the Fund shall be binding upon the assets and properties of the Fund only and shall not be binding upon the assets or properties of the Trustees, officers, employees, agents or shareholders of the Fund individually. If the foregoing meets with your approval, please acknowledge your acceptance by signing each of the enclosed counterparts hereof and returning such counterparts to us, whereupon this shall constitute a binding agreement as of the date first above written. Very truly yours, [FUND] By: Name: Xxxxxxx X. Xxxxxxxxx Title: Vice President and Secretary Agreed to and Accepted: NUVEEN SECURITIES, LLC By: Name: Xxxxx X. XxXxxxxx Title: Senior Managing Director

  • Limitation on Layering The Company shall not Incur any Indebtedness if such Indebtedness is subordinate or junior in ranking in any respect to any Senior Indebtedness unless such Indebtedness is Senior Subordinated Indebtedness or is contractually subordinated in right of payment to Senior Subordinated Indebtedness. No Subsidiary Guarantor shall Incur any Indebtedness if such Indebtedness is contractually subordinate or junior in ranking in any respect to any Guarantor Senior Indebtedness of such Subsidiary Guarantor unless such Indebtedness is Guarantor Senior Subordinated Indebtedness of such Subsidiary Guarantor or is contractually subordinated in right of payment to Guarantor Senior Subordinated Indebtedness of such Subsidiary Guarantor.

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