Subsidiary Guarantor. The Guaranteeing Subsidiary hereby agrees to be a Subsidiary Guarantor under the Indenture and to be bound by the terms of the Indenture applicable to Subsidiary Guarantors, including Article 10 thereof.
Subsidiary Guarantor. Each Person, other than REIT, General Partner and TRS, that is a party to the Guaranty, and each Additional Guarantor.
Subsidiary Guarantor. The Guarantor to this Agreement will only be bound by its guarantee if it remains a wholly owned subsidiary of the Borrower.
Subsidiary Guarantor. The definition of "Subsidiary Guarantor" set forth in Section 1.01 of the Indenture is hereby amended to read in its entirety as follows:
Subsidiary Guarantor. Each Subsidiary of the Borrower which is a limited liability company and becomes a Guarantor pursuant to §5.5.
Subsidiary Guarantor. Any Guarantor other than Holdings.
Subsidiary Guarantor. Any Guarantor other than MCRC. The Subsidiary Guarantors on the Closing Date are listed on Schedule SG hereto.
Subsidiary Guarantor. Cause each Domestic Wholly Owned Subsidiary (other than a special purpose subsidiary organized to facilitate a Permitted Receivables Securitization or an Inactive Subsidiary) to execute and deliver a counterpart to this Agreement thereby assuming the obligations of a Subsidiary Guarantor under Section 11.16 on the Effective Date, or, if later, within 15 Business Days of such Person becoming such a Domestic Wholly Owned Subsidiary.
Subsidiary Guarantor. A Subsidiary Guarantor may not sell or otherwise dispose of all or substantially all of its properties or assets to, or consolidate with or merge with or into (regardless of whether such Subsidiary Guarantor is the surviving Person), another Person, other than the Company or another Subsidiary Guarantor, unless:
(1) immediately after giving effect to such transaction, no Default or Event of Default exists; and
(2) either:
(A) (i) such Subsidiary Guarantor is the surviving Person or (ii) the Person acquiring the properties or assets in any such sale or other disposition or the Person formed by or surviving any such consolidation or merger (if other than the Subsidiary Guarantor) unconditionally assumes all the obligations of that Subsidiary Guarantor under the Notes and the Indenture (including its Subsidiary Guarantee) on terms set forth in the Indenture; or
(B) such sale or other disposition is made in compliance with the provisions of Section 4.10. Upon any consolidation or merger of the Company or a Subsidiary Guarantor in circumstances in which such Subsidiary Guarantor’s Subsidiary Guarantee is not being released, or any transfer of all or substantially all of the assets of the Company or a Subsidiary Guarantor in accordance with the foregoing in circumstances in which such Subsidiary Guarantor’s Subsidiary Guarantee is not being released, in which the Company or such Subsidiary Guarantor is not the continuing obligor under the Notes or its Subsidiary Guarantee, as applicable, the surviving entity formed by such consolidation or into which the Company or such Subsidiary Guarantor is merged or the Person to which the sale, conveyance, lease, transfer, disposition or assignment is made will succeed to, and be substituted for, and may exercise every right and power of, the Company or such Subsidiary Guarantor under the Indenture, the Notes and the Subsidiary Guarantees with the same effect as if such surviving entity had been named therein as the Company or such Subsidiary Guarantor and, except in the case of a lease, the Company or such Subsidiary Guarantor, as the case may be, will be released from the obligation to pay the principal of and interest on the Notes or in respect of its Subsidiary Guarantee, as the case may be, and all of the Company’s or such Subsidiary Guarantor’s other obligations and covenants under the Notes and the Indenture (including such Subsidiary Guarantor’s Subsidiary Guarantee), if applicable. Although there is a limited body ...
Subsidiary Guarantor. Each subsidiary of the Partnership that guarantees the obligations of the Partnership under the Notes and Indenture.
