Common use of Rights Under the Guarantee Clause in Contracts

Rights Under the Guarantee. No payment by any Guarantor pursuant to the provisions hereof to the Trustee shall entitle such Guarantor to any payment out of any collateral held by the Trustee under this Indenture in respect of the Debt Securities of any series guaranteed by such Guarantor. (a) Each of the Guarantors waives notice of the issuance, sale and purchase of the Debt Securities of any series it guarantees and notice from the Trustee or the Holders from time to time of any such Debt Securities of their acceptance and reliance on such Guarantee. (b) Notwithstanding any payment or payments made by the Guarantors by reason of their Guarantees of the Debt Securities of any series, the Guarantors shall not be subrogated to any rights of the Trustee or any Holder of such Debt Securities against the Company until all such Debt Securities shall have been paid or deemed to have been paid within the meaning of the Indenture. Any payment made by the Guarantors by reason of their Guarantees shall be in all respects subordinated to the full and complete payment or discharge under this Indenture of all obligations guaranteed hereby, and no payment by the Guarantors by reason of such Guarantee shall give rise to any claim of the Guarantors against the Trustee or any Holder of the Debt Securities of such series so guaranteed. Unless and until the Debt Securities shall have been paid or deemed to have been paid within the meaning of the Indenture, none of the Guarantors will assign or otherwise transfer any such claim against the Company to any other person. (c) No set-off, counterclaim, reduction or diminution of any obligation or any defense of any kind or nature (other than performance by the Guarantors of their obligations in respect of their Guarantees of) which any Guarantor may have or assert against the Trustee or any Holder of any Debt Securities shall be available hereunder to such Guarantor against the Trustee on such Holder. (d) Each Guarantor agrees to pay all costs, expenses and fees, including all reasonable attorneys’ fees and expenses, which may be incurred by the Trustee in enforcing or attempting to enforce any of its Guarantees or protecting the rights of the Trustee or the Holders of the Debt Securities of any series it guarantees, if any, in accordance with this Indenture.

Rights Under the Guarantee. No payment by any Guarantor pursuant to the provisions hereof to the Trustee shall entitle such Guarantor to any payment out of any collateral held by the Trustee under this Indenture in respect of the Debt Securities of any series guaranteed by such Guarantor. (a) Each of the Subsidiary Guarantors waives notice of the issuance, sale and purchase of the Debt Securities of any series it guarantees Note and notice from the Trustee or the Holders holders from time to time of any such Debt Securities of the Note of their acceptance and reliance on such this Guarantee. (b) Notwithstanding any payment or payments made by the Subsidiary Guarantors by reason of their Guarantees of the Debt Securities of any seriesthis Guarantee, the Subsidiary Guarantors shall not be subrogated to any rights of the Trustee or any Holder of such Debt Securities holder against the Company until all such Debt Securities the Note shall have been paid or deemed to have been paid within the meaning of the Indenture. Any payment made by the Subsidiary Guarantors by reason of their Guarantees this Guarantee shall be in all respects subordinated to the full and complete payment or discharge under this Indenture of all obligations guaranteed hereby, and no payment by the Subsidiary Guarantors by reason of such this Guarantee shall give rise to any claim of the Subsidiary Guarantors against the Trustee or any Holder holder of the Debt Securities of such series so guaranteedNote. Unless and until the Debt Securities Note shall have been paid or deemed to have been paid within the meaning of the Indenture, none neither the Subsidiary Guarantors nor any of the Guarantors them will assign or otherwise transfer any such claim against the Company to any other person. (c) No set-off, counterclaim, reduction or diminution of any obligation or any defense of any kind or nature (other than performance by the Subsidiary Guarantors of their obligations in respect of their Guarantees ofhereunder) which any Subsidiary Guarantor may have or assert against the Trustee or any Holder holder of any Debt Securities Note shall be available hereunder to such Subsidiary Guarantor against the Trustee on such HolderTrustee. (d) Each Subsidiary Guarantor agrees to pay all costs, expenses and fees, including all reasonable attorneys’ ' fees and expenses, which may be incurred by the Trustee in enforcing or attempting to enforce any of its Guarantees the Guarantee or protecting the rights of the Trustee or the Holders holders of the Debt Securities of any series it guaranteesNotes, if any, in accordance with this Indenture.

Rights Under the Guarantee. (a) No payment by any Guarantor pursuant to the provisions hereof to the Trustee shall entitle such Guarantor to any payment out of any collateral Collateral held by the Trustee under this the Indenture in respect of the Debt Securities of or any series guaranteed by such GuarantorSecurity Documents. (ab) Each of the Guarantors waives notice of the issuance, sale and purchase of the Debt Securities of any series it guarantees Notes and notice from the Trustee or the Holders from time to time of any such Debt Securities of the Notes of their acceptance and reliance on such this Guarantee. (bc) Notwithstanding any payment or payments made by the Guarantors by reason of their Guarantees of the Debt Securities of any seriesGuarantee, the Guarantors shall not be subrogated to any rights of the Trustee or any Holder of such Debt Securities the Notes against the Company until all such Debt Securities the Notes shall have been fully paid or deemed to have been fully paid within the meaning of the this Indenture. Any payment made by the Guarantors by reason of their Guarantees this Guarantee shall be in all respects subordinated to the full and complete payment or discharge under this the Indenture of all obligations guaranteed hereby, and no payment by the Guarantors by reason of such this Guarantee shall give rise to any claim of the Guarantors against the Trustee or any Holder of the Debt Securities of such series so guaranteedHolder. Unless and until the Debt Securities Notes shall have been fully paid or deemed to have been fully paid within the meaning of the Indenture, none of neither the Guarantors nor any of them will assign or otherwise transfer any such claim against the Company to any other personPerson. (cd) No set-off, counterclaim, reduction or diminution of any obligation or any defense of any kind or nature (other than performance by the Guarantors Guarantor of their obligations in respect of their Guarantees ofits obligation hereunder) which any the Guarantor may have or assert against the Trustee or any Holder of any Debt Securities Notes shall be available hereunder to such the Guarantor against the Trustee on such HolderTrustee. (de) Each The Guarantor agrees to pay all costs, expenses expense and fees, including all reasonable attorneys’ fees and expenses' fees, which may be incurred by the Trustee in enforcing or attempting to enforce any of its Guarantees the Guarantee or protecting the rights of the Trustee or the Holders of the Debt Securities of any series it guaranteesNotes, if any, in accordance with this Indenture.

Rights Under the Guarantee. No payment by any Subsidiary Guarantor pursuant to the provisions hereof to the Trustee shall entitle such Subsidiary Guarantor to any payment out of any collateral Collateral held by the Trustee under this Indenture in respect of the Debt Securities of or any series guaranteed by such GuarantorCollateral Documents. (a) Each of the Subsidiary Guarantors waives notice of the issuance, sale and purchase of the Debt Securities of any series it guarantees Note and notice from the Trustee or the Holders holders from time to time of any such Debt Securities of the Note of their acceptance and reliance on such this Guarantee. (b) Notwithstanding any payment or payments made by the Subsidiary Guarantors by reason of their Guarantees of the Debt Securities of any seriesthis Guarantee, the Subsidiary Guarantors shall not be subrogated to any rights of the Trustee Trustee, the Collateral Agent or any Holder of such Debt Securities holder against the Company until all such Debt Securities the Note shall have been paid or deemed to have been paid within the meaning of the Indenture. Any payment made by the Subsidiary Guarantors by reason of their Guarantees this Guarantee shall be in all respects subordinated to the full and complete payment or discharge under this Indenture of all obligations guaranteed hereby, and no payment by the Subsidiary Guarantors by reason of such this Guarantee shall give rise to any claim of the Subsidiary Guarantors against the Trustee or any Holder holder of the Debt Securities of such series so guaranteedNote. Unless and until the Debt Securities Note shall have been paid or deemed to have been paid within the meaning of the Indenture, none neither the Subsidiary Guarantors nor any of the Guarantors them will assign or otherwise transfer any such claim against the Company to any other person. (c) No set-off, counterclaim, reduction or diminution of any obligation or any defense of any kind or nature (other than performance by the Subsidiary Guarantors of their obligations in respect of their Guarantees ofhereunder) which any Subsidiary Guarantor may have or assert against the Trustee or any Holder holder of any Debt Securities Note shall be available hereunder to such Subsidiary Guarantor against the Trustee on such HolderTrustee. (d) Each Subsidiary Guarantor agrees to pay all costs, expenses and fees, including all reasonable attorneys’ fees and expenses, which may be incurred by the Trustee in enforcing or attempting to enforce any of its Guarantees this Guarantee or protecting the rights of the Trustee Trustee, the Collateral Agent or the Holders holders of the Debt Securities of any series it guaranteesNotes, if any, in accordance with this Indenture.

Rights Under the Guarantee. (a) No payment by any Guarantor pursuant to the provisions hereof to the Trustee shall entitle such Guarantor to any payment out of any collateral Collateral held by the Trustee under this Indenture in respect of the Debt Securities of or any series guaranteed by such GuarantorSecurity Documents. (ab) Each of the Guarantors waives notice of the issuance, sale and purchase of the Debt Securities of any series it guarantees Notes and notice from the Trustee or the Holders from time to time of any such Debt Securities of the Notes of their acceptance and reliance on such this Guarantee. (bc) Notwithstanding any payment or payments made by the Guarantors by reason of their Guarantees of the Debt Securities of any seriesGuarantee, the Guarantors shall not be subrogated to any rights of the Trustee or any Holder of such Debt Securities the Notes against the Company until all such Debt Securities the Notes shall have been fully paid or deemed to have been fully paid within the meaning of the this Indenture. Any payment made by the Guarantors by reason of their Guarantees this Guarantee shall be in all respects subordinated to the full and complete payment or discharge under this Indenture of all obligations guaranteed hereby, and no payment by the Guarantors by reason of such this Guarantee shall give rise to any claim of the Guarantors against the Trustee or any Holder of the Debt Securities of such series so guaranteedHolder. Unless and until the Debt Securities Notes shall have been fully paid or deemed to have been fully paid within the meaning of the this Indenture, none of neither the Guarantors nor any of them will assign or otherwise transfer any such claim against the Company to any other personPerson. (cd) No set-off, counterclaim, reduction or diminution of any obligation or any defense of any kind or nature (other than performance by the Guarantors Guarantor of their obligations in respect of their Guarantees ofits obligation hereunder) which any the Guarantor may have or assert against the Trustee or any Holder of any Debt Securities Notes shall be available hereunder to such the Guarantor against the Trustee on such HolderTrustee. (de) Each The Guarantor agrees to pay all costs, expenses expense and fees, including all reasonable attorneys’ fees and expenses' fees, which may be incurred by the Trustee in enforcing or attempting to enforce any of its Guarantees the Guarantee or protecting the rights of the Trustee or the Holders of the Debt Securities of any series it guaranteesNotes, if any, in accordance with this Indenture.

Rights Under the Guarantee. No payment by any Guarantor pursuant to the provisions hereof to the Trustee shall entitle such Guarantor to any payment out of any collateral held by the Trustee under this Indenture in respect of the Debt Securities of any series guaranteed by such Guarantor. (a) Each of the Subsidiary Guarantors waives notice of the issuance, sale and purchase of the Debt Securities of any series it guarantees Note and notice from the Trustee or the Holders Noteholders from time to time of any such Debt Securities Note of their acceptance and reliance on the Guarantee of such GuaranteeSubsidiary Guarantor. (b) Notwithstanding any payment or payments made by the Subsidiary Guarantors by reason of their Guarantees of the Debt Securities of any seriesGuarantees, the Subsidiary Guarantors shall not be subrogated to any rights of the Trustee or any Holder of such Debt Securities Noteholder against the Company until all such Debt Securities the Notes shall have been paid or deemed to have been paid within the meaning of the this Indenture. Any payment made by the Subsidiary Guarantors by reason of their the Guarantees shall be in all respects subordinated to the full and complete payment or discharge under this Indenture of all obligations guaranteed hereby, and no payment by the Subsidiary Guarantors by reason of such Guarantee the Guarantees shall give rise to any claim of the Subsidiary Guarantors against the Trustee or any Holder of the Debt Securities of such series so guaranteedNoteholder. Unless and until the Debt Securities Notes shall have been paid or deemed to have been paid within the meaning of the this Indenture, none of the Subsidiary Guarantors will assign or otherwise transfer any such claim against the Company to any other personPerson. (c) No set-off, counterclaim, reduction or diminution of any obligation or any defense of any kind or nature (other than performance by the Subsidiary Guarantors of their obligations in respect of their Guarantees ofhereunder) which any Subsidiary Guarantor may have or assert against the Trustee or any Holder of any Debt Securities Noteholder shall be available hereunder to such Subsidiary Guarantor against the Trustee on such HolderTrustee. (d) Each Subsidiary Guarantor agrees to pay all costs, expenses and fees, including all reasonable attorneys’ fees and expenses, which may be incurred by the Trustee in enforcing or attempting to enforce any of its Guarantees this Guarantee or protecting the rights of the Trustee or the Holders of the Debt Securities of any series it guaranteesNoteholders, if any, in accordance with this Indenture.

Rights Under the Guarantee. No payment by any Guarantor pursuant to the provisions hereof to the Trustee shall entitle such Guarantor to any payment out of any collateral held by the Trustee under this Indenture in respect of the Debt Securities of any series guaranteed by such Guarantor. (a) Each of the Subsidiary Guarantors waives notice of the issuance, sale and purchase of the Debt Securities of any series it guarantees Note and notice from the Trustee or the Holders holders from time to time of any such Debt Securities of the Note of their acceptance and reliance on such this Guarantee. (b) Notwithstanding any payment or payments made by the Subsidiary Guarantors by reason of their Guarantees of the Debt Securities of any seriesthis Guarantee, the Subsidiary Guarantors shall not be subrogated to any rights of the Trustee or any Holder of such Debt Securities holder against the Company until all such Debt Securities the Notes shall have been paid or deemed to have been paid within the meaning of the Indenture. Any payment made by the Subsidiary Guarantors by reason of their Guarantees this Guarantee shall be in all respects subordinated to the full and complete payment or discharge under this Indenture of all obligations guaranteed hereby, and no payment by the Subsidiary Guarantors by reason of such this Guarantee shall give rise to any claim of the Subsidiary Guarantors against the Trustee or any Holder holder of the Debt Securities of such series so guaranteedNotes. Unless and until the Debt Securities Notes shall have been paid or deemed to have been paid within the meaning of the Indenture, none neither the Subsidiary Guarantors nor any of the Guarantors them will assign or otherwise transfer any such claim against the Company to any other person. (c) No set-off, counterclaim, reduction or diminution of any obligation or any defense of any kind or nature (other than performance by the Subsidiary Guarantors of their obligations in respect of their Guarantees ofhereunder) which any Subsidiary Guarantor may have or assert against the Trustee or any Holder holder of any Debt Securities Note shall be available hereunder to such Subsidiary Guarantor against the Trustee on such HolderTrustee. (d) Each Subsidiary Guarantor agrees to pay all costs, expenses and fees, including all reasonable attorneys’ ' fees and expenses, which may be incurred by the Trustee in enforcing or attempting to enforce any of its Guarantees the Guarantee or protecting the rights of the Trustee or the Holders holders of the Debt Securities of any series it guaranteesNotes, if any, in accordance with this Indenture.

Rights Under the Guarantee. No payment by any Guarantor pursuant to the provisions hereof to the Trustee shall entitle such Guarantor to any payment out of any collateral Collateral held by the Trustee under this Indenture in respect of the Debt Securities of or any series guaranteed by such GuarantorCollateral Documents. (a) Each of the Guarantors waives notice of the issuance, sale and purchase of the Debt Securities of any series it guarantees Note and notice from the Trustee or the Holders holders from time to time of any such Debt Securities of the Note of their acceptance and reliance on such this Guarantee. (b) Notwithstanding Notwithstanding, any payment or payments made by the Guarantors by reason of their Guarantees of the Debt Securities of any seriesthis Guarantee, the Guarantors shall not be subrogated to any rights of the Trustee Trustee, the Collateral Agent or any Holder of such Debt Securities holder against the Company until all such Debt Securities the Note shall have been paid or deemed to have been paid within the meaning of the Indenture. Any payment made by the Guarantors by reason of their Guarantees this Guarantee shall be in all respects subordinated to the full and complete payment or discharge under this Indenture of all obligations guaranteed hereby, and no payment by the Guarantors by reason of such this Guarantee shall give rise to any claim of the Guarantors against the Trustee or any Holder holder of the Debt Securities of such series so guaranteedNote. Unless and until the Debt Securities Note shall have been paid or deemed to have been paid within the meaning of the Indenture, none of neither the Guarantors nor any of them will assign or otherwise transfer any such claim against the Company to any other person. (c) No set-off, counterclaim, reduction or diminution of any obligation or any defense of any kind or nature (other than performance by the Guarantors of their obligations in respect of their Guarantees ofhereunder) which any Guarantor may have or assert against the Trustee or any Holder holder of any Debt Securities Note shall be available hereunder to such Guarantor against the Trustee on such HolderTrustee. (d) Each Guarantor agrees to pay all costs, expenses and fees, including all reasonable attorneys’ fees and expenses' fees, which may be incurred by the Trustee in enforcing or attempting to enforce any of its Guarantees the Guarantee or protecting the rights of the Trustee Trustee, the Collateral Agent or the Holders holders of the Debt Securities of any series it guaranteesNotes, if any, in accordance with this Indenture.

Rights Under the Guarantee. No payment by any Subsidiary Guarantor pursuant to the provisions hereof to the Trustee shall entitle such Subsidiary Guarantor to any payment out of any collateral Collateral held by the Trustee under this Indenture in respect of the Debt Securities of or any series guaranteed by such GuarantorCollateral Documents. (a) Each of the Subsidiary Guarantors waives notice of the issuance, sale and purchase of the Debt Securities of any series it guarantees Note and notice from the Trustee or the Holders from time to time of any such Debt Securities of the Note of their acceptance and reliance on such this Guarantee. (b) Notwithstanding any payment or payments made by the Subsidiary Guarantors by reason of their Guarantees of the Debt Securities of any seriesthis Guarantee, the Subsidiary Guarantors shall not be subrogated to any rights of the Trustee Trustee, the Collateral Agent or any Holder of such Debt Securities against the Company until all such Debt Securities the Note shall have been paid or deemed to have been paid within the meaning of the Indenture. Any payment made by the Subsidiary Guarantors by reason of their Guarantees this Guarantee shall be in all respects subordinated to the full and complete payment or discharge under this Indenture of all obligations guaranteed hereby, and no payment by the Subsidiary Guarantors by reason of such this Guarantee shall give rise to any claim of the Subsidiary Guarantors against the Trustee or any Holder of the Debt Securities of such series so guaranteedNote. Unless and until the Debt Securities Note shall have been paid or deemed to have been paid within the meaning of the Indenture, none neither the Subsidiary Guarantors nor any of the Guarantors them will assign or otherwise transfer any such claim against the Company to any other person. (c) No set-off, counterclaim, reduction or diminution of any obligation or any defense of any kind or nature (other than performance by the Subsidiary Guarantors of their obligations in respect of their Guarantees ofhereunder) which any Subsidiary Guarantor may have or assert against the Trustee or any Holder of any Debt Securities Note shall be available hereunder to such Subsidiary Guarantor against the Trustee on such HolderTrustee. (d) Each Subsidiary Guarantor agrees to pay all costs, expenses and fees, including all reasonable attorneys’ ' fees and expenses, which may be incurred by the Trustee in enforcing or attempting to enforce any of its Guarantees this Guarantee or protecting the rights of the Trustee Trustee, the Collateral Agent or the Holders of the Debt Securities of any series it guaranteesNotes, if any, in accordance with this Indenture.