Common use of One Class of Securities Clause in Contracts

One Class of Securities. The Fixed Rate Securities and the Floating Rate Securities are treated as one class of securities under the Indenture. [FORM OF HOLDINGS GUARANTEE/GUARANTEE] SENIOR SUBORDINATED GUARANTEE [Holdings] [The Guarantor] (as defined in the Indenture referred to in the Security upon which this notation is endorsed) hereby unconditionally guarantees on a senior subordinated basis (such guaranty being referred to herein as the "[Holdings] Guarantee") the due and punctual payment of the principal of, premium, if any, and interest on the Securities, whether at maturity, by acceleration or otherwise, the due and punctual payment of interest on the overdue principal, premium and interest on the Securities, and the due and punctual performance of all other obligations of the Issuers to the Holders or the Trustee, all in accordance with the terms set forth in Article Eleven of the Indenture. The obligations of [Holdings] [the Guarantor] to the Holders of Securities and to the Trustee pursuant to the [Holdings] Guarantee and the Indenture are expressly set forth, and are expressly subordinated and subject in right of payment to the prior payment in full of all Senior Indebtedness (as defined in the Indenture) of [Holdings] [such Guarantor], to the extent and in the manner provided in Article Eleven and Article Twelve of the Indenture, and reference is hereby made to such Indenture for the precise terms of the [Holdings] Guarantee therein made. This Holdings Guarantee will rank pari passu in right of payment with any future senior subordinated indebtedness of Holdings and will rank senior in right of payment to any other future subordinated obligations of Holdings. This [Holdings] Guarantee shall not be valid or obligatory for any purpose until the certificate of authentication on the Securities upon which this [Holdings] Guarantee is noted shall have been executed by the Trustee under the Indenture by the manual signature of one of its authorized officers. Nothing contained in the Indenture or in any Securities or Holdings Guarantee shall require Holdings to preserve its existence, and Holdings may be dissolved at any time (whether in connection with a Holdings IPO Reorganization or otherwise). All obligations under [this Holdings Guarantee and under] the Indenture, the Initial Securities, the Private Exchange Securities and the Unrestricted Securities shall be expressly non-recourse to the partners of Holdings in their capacities as such, and by purchasing the Securities guaranteed hereby, each holder of Securities waives any such liability of any partner of Holdings under the Indenture, the Initial Securities, the Private Exchange Securities, the Unrestricted Securities or the Holdings Guarantee. The partners of Holdings shall not be liable for any claim based on, in respect of or by reason of such obligations or their creation or bear any costs or expenses in connection with this Holdings Guarantee or the Indenture, the Initial Securities, the Private Exchange Securities or the Unrestricted Securities or any transaction contemplated thereby. Nothing contained in the Indenture or in any Securities or Holdings Guarantee shall require Holdings to preserve its existence, and Holdings may be dissolved at any time (whether in connection with a Holdings IPO Reorganization or otherwise). This [Holdings] Guarantee shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. This [Holdings] Guarantee is subject to release upon the terms set forth in the Indenture. [ ] By: ----------------------------------- Name: Title: ASSIGNMENT FORM I or we assign and transfer this Security to -------------------------------------------------------------------------------- (Print or type name, address and zip code of assignee or transferee) -------------------------------------------------------------------------------- (Insert Social Security or other identifying number of assignee or transferee) and irrevocably appoint agent to transfer this Security on the books of the Issuers. The agent may substitute another to act for him. Dated: Signed: -------------- ------------------------------------------- (Signed exactly as name appears on the other side of this Security) Signature Guarantee: ------------------------------ Participant in a recognized Signature Guarantee Medallion Program (or other signature guarantor program reasonably acceptable to the Trustee)

One Class of Securities. The Fixed Rate Securities and the Floating Rate Securities are treated as one class of securities under the Indenture. [FORM OF HOLDINGS GUARANTEE/GUARANTEE] SENIOR SUBORDINATED GUARANTEE [Holdings] [The Guarantor] (as defined in the Indenture referred to in the Security upon which this notation is endorsed) hereby unconditionally guarantees on a senior subordinated basis (such guaranty being referred to herein as the "[Holdings] Guarantee") the due and punctual payment of the principal of, premium, if any, and interest on the Securities, whether at maturity, by acceleration or otherwise, the due and punctual payment of interest on the overdue principal, premium and interest on the Securities, and the due and punctual performance of all other obligations of the Issuers to the Holders or the Trustee, all in accordance with the terms set forth in Article Eleven of the Indenture. The obligations of [Holdings] [the Guarantor] to the Holders of Securities and to the Trustee pursuant to the [Holdings] Guarantee and the Indenture are expressly set forth, and are expressly subordinated and subject in right of payment to the prior payment in full of all Senior Indebtedness (as defined in the Indenture) of [Holdings] [such Guarantor], to the extent and in the manner provided in Article Eleven and Article Twelve of the Indenture, and reference is hereby made to such Indenture for the precise terms of the [Holdings] Guarantee therein made. This Holdings Guarantee will rank pari passu in right of payment with any future senior subordinated indebtedness of Holdings and will rank senior in right of payment to any other future subordinated obligations of Holdings. This [Holdings] Guarantee shall not be valid or obligatory for any purpose until the certificate of authentication on the Securities upon which this [Holdings] Guarantee is noted shall have been executed by the Trustee under the Indenture by the manual signature of one of its authorized officers. Nothing contained in the Indenture or in any Securities or Holdings Guarantee shall require Holdings to preserve its existence, and Holdings may be dissolved at any time (whether in connection with a Holdings IPO Reorganization or otherwise). All obligations under [this Holdings Guarantee and under] the Indenture, the Initial Securities, the Private Exchange Securities and the Unrestricted Securities shall be expressly non-recourse to the partners of Holdings in their capacities as such, and by purchasing the Securities guaranteed hereby, each holder of Securities waives any such liability of any partner of Holdings under the Indenture, the Initial Securities, the Private Exchange Securities, the Unrestricted Securities or the Holdings Guarantee. The partners of Holdings shall not be liable for any claim based on, in respect of or by reason of such obligations or their creation or bear any costs or expenses in connection with this Holdings Guarantee or the Indenture, the Initial Securities, the Private Exchange Securities or the Unrestricted Securities or any transaction contemplated thereby. Nothing contained in the Indenture or in any Securities or Holdings Guarantee shall require Holdings to preserve its existence, and Holdings may be dissolved at any time (whether in connection with a Holdings IPO Reorganization or otherwise). This [Holdings] Guarantee shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. This [Holdings] Guarantee is subject to release upon the terms set forth in the Indenture. [ ] By: ----------------------------------- ------------------------------------ Name: Title: ASSIGNMENT FORM I or we assign and transfer this Security to -------------------------------------------------------------------------------- (Print or type name, address and zip code of assignee or transferee) -------------------------------------------------------------------------------- (Insert Social Security or other identifying number of assignee or transferee) and irrevocably appoint agent to transfer this Security on the books of the Issuers. The agent may substitute another to act for him. Dated: Signed: -------------- ------------------------------------------- (Signed exactly as name appears on the other side of this Security) Signature Guarantee: ------------------------------ Participant in a recognized Signature Guarantee Medallion Program (or other signature guarantor program reasonably acceptable to the Trustee)

One Class of Securities. The Fixed Rate Securities and the Floating Rate Securities are treated as one class of securities under the Indenture. [FORM OF HOLDINGS GUARANTEE/GUARANTEE] SENIOR SUBORDINATED GUARANTEE [Holdings] [The Guarantor] (as defined in the Indenture referred to in the Security upon which this notation is endorsed) hereby unconditionally guarantees on a senior subordinated basis (such guaranty being referred to herein as the "[Holdings] Guarantee") the due and punctual payment of the principal of, premium, if any, and interest on the Securities, whether at maturity, by acceleration or otherwise, the due and punctual payment of interest on the overdue principal, premium and interest on the Securities, and the due and punctual performance of all other obligations of the Issuers to the Holders or the Trustee, all in accordance with the terms set forth in Article Eleven of the Indenture. The obligations of [Holdings] [the Guarantor] to the Holders of Securities and to the Trustee pursuant to the [Holdings] Guarantee and the Indenture are expressly set forth, and are expressly subordinated and subject in right of payment to the prior payment in full of all Senior Indebtedness (as defined in the Indenture) of [Holdings] [such Guarantor], to the extent and in the manner provided in Article Eleven and Article Twelve of the Indenture, and reference is hereby made to such Indenture for the precise terms of the [Holdings] Guarantee therein made. This Holdings Guarantee will rank pari passu in right of payment with any future senior subordinated indebtedness of Holdings and will rank senior in right of payment to any other future subordinated obligations of Holdings. This [Holdings] Guarantee shall not be valid or obligatory for any purpose until the certificate of authentication on the Securities upon which this [Holdings] Guarantee is noted shall have been executed by the Trustee under the Indenture by the manual signature of one of its authorized officers. Nothing contained in the Indenture or in any Securities or Holdings Guarantee shall all require Holdings to preserve its existence, and Holdings may be dissolved at any time (whether in connection with a Holdings IPO Reorganization or otherwise). All obligations under [this Holdings Guarantee and under] the Indenture, the Initial Securities, the Private Exchange Securities and the Unrestricted Securities shall be expressly non-recourse to the partners of Holdings in their capacities as such, and by purchasing the Securities guaranteed hereby, each holder of Securities waives any such liability of any partner of Holdings under the Indenture, the Initial Securities, the Private Exchange Securities, the Unrestricted Securities or the Holdings Guarantee. The partners of Holdings shall not be liable for any claim based on, in respect of or by reason of such obligations or their creation or bear any costs or expenses in connection with this Holdings Guarantee or the Indenture, the Initial Securities, the Private Exchange Securities or the Unrestricted Securities or any transaction contemplated thereby. Nothing contained in the Indenture or in any Securities or Holdings Guarantee shall require Holdings to preserve its existence, and Holdings may be dissolved at any time (whether in connection with a Holdings IPO Reorganization or otherwise). This [Holdings] Guarantee shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. This [Holdings] Guarantee is subject to release upon the terms set forth in the Indenture. [ ] By: ----------------------------------- Name: Title: ASSIGNMENT FORM I or we assign and transfer this Security to -------------------------------------------------------------------------------- (Print or type name, address and zip code of assignee or transferee) -------------------------------------------------------------------------------- (Insert Social Security or other identifying number of assignee or transferee) and irrevocably appoint agent to transfer this Security on the books of the Issuers. The agent may substitute another to act for him. Dated: Signed: -------------- ------------------------------------------- (Signed exactly as name appears on the other side of this Security) Signature Guarantee: ------------------------------ Participant in a recognized Signature Guarantee Medallion Program (or other signature guarantor program reasonably acceptable to the Trustee)

One Class of Securities. The Fixed Rate Securities and the Floating Rate Securities are treated as one class of securities under the Indenture. [FORM OF HOLDINGS GUARANTEE/GUARANTEE] SENIOR SUBORDINATED GUARANTEE [Holdings] [The Guarantor] (as defined in the Indenture referred to in the Security upon which this notation is endorsed) hereby unconditionally guarantees on a senior subordinated basis (such guaranty being referred to herein as the "[Holdings] Guarantee") the due and punctual payment of the principal of, premium, if any, and interest on the Securities, whether at maturity, by acceleration or otherwise, the due and punctual payment of interest on the overdue principal, premium and interest on the Securities, and the due and punctual performance of all other obligations of the Issuers to the Holders or the Trustee, all in accordance with the terms set forth in Article Eleven of the Indenture. The obligations of [Holdings] [the Guarantor] to the Holders of Securities and to the Trustee pursuant to the [Holdings] Guarantee and the Indenture are expressly set forth, and are expressly subordinated and subject in right of payment to the prior payment in full of all Senior Indebtedness (as defined in the Indenture) of [Holdings] [such Guarantor], to the extent and in the manner provided in Article Eleven and Article Twelve of the Indenture, and reference is hereby made to such Indenture for the precise terms of the [Holdings] Guarantee therein made. This Holdings Guarantee will rank pari passu in right of payment with any future senior subordinated indebtedness of Holdings and will rank senior in right of payment to any other future subordinated obligations of Holdings. This [Holdings] Guarantee shall not be valid or obligatory for any purpose until the certificate of authentication on the Securities upon which this [Holdings] Guarantee is noted shall have been executed by the Trustee under the Indenture by the manual signature of one of its authorized officers. Nothing contained in the Indenture or in any Securities or Holdings Guarantee shall require Holdings to preserve its existence, and Holdings may be dissolved at any time (whether in connection with a Holdings IPO Reorganization or otherwise). All obligations under [this Holdings Guarantee and under] the Indenture, the Initial Securities, the Private Exchange Securities and the Unrestricted Securities shall be expressly non-recourse to the partners of Holdings in their capacities as such, and by purchasing the Securities guaranteed hereby, each holder of Securities waives any such liability of any partner of Holdings under the Indenture, the Initial Securities, the Private Exchange Securities, the Unrestricted Securities or the Holdings Guarantee. The partners of Holdings shall not be liable for any claim based on, in respect of or by reason of such obligations or their creation or bear any costs or expenses in connection with this Holdings Guarantee or the Indenture, the Initial Securitiessecurities, the Private Exchange Securities or the Unrestricted Securities or any transaction contemplated thereby. Nothing contained in the Indenture or in any Securities or Holdings Guarantee shall require Holdings to preserve its existence, and Holdings may be dissolved at any time (whether in connection with a Holdings IPO Reorganization or otherwise). This [Holdings] Guarantee shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law. This [Holdings] Guarantee is subject to release upon the terms set forth in the Indenture. [ ] By: ----------------------------------- ---------------------------------- Name: Title: ASSIGNMENT FORM I or we assign and transfer this Security to -------------------------------------------------------------------------------- (Print or type name, address and zip code of assignee or transferee) -------------------------------------------------------------------------------- (Insert Social Security or other identifying number of assignee or transferee) and irrevocably appoint agent to transfer this Security on the books of the Issuers. The agent may substitute another to act for him. Dated: Signed: -------------- ------------------------------------------- (Signed exactly as name appears on the other side of this Security) Signature Guarantee: ------------------------------ Participant in a recognized Signature Guarantee Medallion Program (or other signature guarantor program reasonably acceptable to the Trustee)