Common use of Addition of Guarantors Clause in Contracts

Addition of Guarantors. (a) If any Subsidiary of the Company guarantees (or becomes a co-obligor on) any Funded Indebtedness of the Company other than the Securities at any time subsequent to the Issue Date (including, without limitation, following any release of such Subsidiary pursuant to Section 9.06 hereof from any Guarantee previously provided by it under this Article 9), then the Company shall (i) cause the Securities to be equally and ratably guaranteed by such Subsidiary, but only to the extent that the Securities are not already guaranteed by such Subsidiary on reasonably comparable terms and (ii) cause such Subsidiary to execute and deliver a supplemental indenture, in substantially the form of Exhibit E hereto, evidencing its provision of a Guarantee in accordance with clause (b) below. (b) Any Person that was not a Guarantor on the Issue Date may become a Guarantor by executing and delivering to the Trustee (i) a supplemental indenture in form and substance satisfactory to the Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a Guarantor and (ii) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of the Guarantee).

Addition of Guarantors. (a) If any Subsidiary of the Company guarantees (or becomes a co-obligor on) any Funded Indebtedness of the Company other than the Securities at any time subsequent to the Issue Date (including, without limitation, following any release of such Subsidiary pursuant to Section 9.06 hereof from any Guarantee previously provided by it under this Article 9)Date, then the Company shall (i) cause the Securities to be equally and ratably guaranteed by such Subsidiary, but only to the extent that the Securities are not already guaranteed by such Subsidiary on reasonably comparable terms and (ii) cause such Subsidiary to execute and deliver a supplemental indenture, in substantially the form of Exhibit E hereto, indenture evidencing its provision of a Guarantee guarantee in accordance with clause (b) below. (b) Any Person that was not a Guarantor on the Issue Date may become a Guarantor guarantor of the Securities by executing and delivering to the Trustee (i) a supplemental indenture in form and substance satisfactory to the Trustee, Trustee which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a Guarantor guarantor and (ii) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of such guarantee) and that the Guarantee)issuance of the guarantee is in compliance with applicable federal and state securities laws.

Addition of Guarantors. (a) If any Subsidiary of the Company guarantees (or becomes a co-obligor on) any Funded Indebtedness of the Company other than the Securities at any time subsequent to the Issue Date (including, without limitation, following any release of such Subsidiary pursuant to Section 9.06 hereof from any Guarantee previously provided by it under this Article 9IX), then the Company shall (i) cause the Securities then outstanding to be equally and ratably guaranteed by such Subsidiary, but only to the extent that the such Securities are not already guaranteed by such Subsidiary on reasonably comparable terms and (ii) cause such Subsidiary to execute and deliver a supplemental indenture, in substantially the form of Exhibit E hereto, evidencing its provision of a Guarantee in accordance with clause (b) below. (b) Any Person that was not a Guarantor on the Issue Date may become a Guarantor by executing and delivering to the Trustee (i) a supplemental indenture in form and substance satisfactory to the Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a Guarantor and (ii) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of the Guarantee).

Addition of Guarantors. (a) If Except to the extent prohibited by the terms of any Subsidiary of Bank Credit Facility or the Senior Secured Note Indenture, the Company guarantees (or becomes agrees to cause each Person that shall become a co-obligor on) any Funded Indebtedness of the Company other than the Securities at any time subsequent to Restricted Subsidiary after the Issue Date (including, without limitation, following any release of such Subsidiary pursuant to Section 9.06 hereof from any Guarantee previously provided by it under this Article 9), then the Company shall (i) cause the Securities to be equally and ratably guaranteed by such Subsidiary, but only to the extent that the Securities are not already guaranteed by such Subsidiary on reasonably comparable terms and (ii) cause such Subsidiary to execute and deliver a supplemental indenture, in substantially indenture pursuant to which such Subsidiary shall guarantee the form payment of Exhibit E hereto, evidencing its provision of a Guarantee in accordance with clause (b) belowthe Securities pursuant to the terms hereof. (b) Any Except to the extent prohibited by the terms of any Bank Credit Facility or the Senior Secured Note Indenture, any Person that was not a Guarantor on the Issue Date may become a Guarantor by executing and delivering to the Trustee (i) a supplemental indenture in form and substance satisfactory to the Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a Guarantor and (ii) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and 77 executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of the Guarantee).

Addition of Guarantors. (a) If any Subsidiary of the Company guarantees (or becomes a co-obligor on) any Funded Indebtedness of the Company other than the Securities at any time subsequent to the Issue Date (including, without limitation, following any release of such Subsidiary pursuant to Section 9.06 hereof from any Guarantee previously provided by it under this Article 9IX), then the Company shall (i) cause the Securities then outstanding to be equally and ratably guaranteed by such Subsidiary, but only to the extent that the such Securities are not already guaranteed by such Subsidiary on reasonably comparable terms and (ii) cause such Subsidiary to execute and deliver a supplemental indenture, in substantially the form of Exhibit E C hereto, evidencing its provision of a Guarantee in accordance with clause (b) below. (b) Any Person that was not a Guarantor on the Issue Date may become a Guarantor by executing and delivering to the Trustee (i) a supplemental indenture in form and substance satisfactory to the Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a Guarantor and (ii) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of the Guarantee).

Addition of Guarantors. (a1) If any Subsidiary of the Company Partnership guarantees (or becomes a co-obligor on) any Funded Indebtedness Debt of the Company Partnership other than the Securities at any time subsequent to the Issue Date (including, without limitation, following any release of such Subsidiary pursuant to Section 9.06 hereof 1406 from any Guarantee previously provided by it under this Article 914), then the Company Partnership shall (iA) cause the Securities to be equally and ratably guaranteed by such Subsidiary, but only to the extent that the Securities are not already guaranteed by such Subsidiary on reasonably comparable terms and (iiB) cause such Subsidiary to execute and deliver a supplemental indenture, in substantially the form of Exhibit E hereto, indenture evidencing its provision of a Guarantee in accordance with clause (b2) below. (b2) Any Person that was not a Guarantor on the Issue Date may become a Guarantor by executing and delivering to the Trustee (iA) a supplemental indenture in form and substance satisfactory to the Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a Guarantor and (iiB) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of the Guarantee).

Addition of Guarantors. (a) If any Holding Subsidiary of the Company Partnership incurs, creates, assumes or guarantees (or becomes a co-obligor on) any Funded Indebtedness of the Company Debt other than the Securities Notes at any time subsequent to the Issue Date (including, without limitation, following any release of such Holding Subsidiary pursuant to Section 9.06 hereof 12.05 from any the Guarantee previously provided by it under this Article 9XII), then the Company Partnership shall (i) cause the Securities Notes to be equally and ratably guaranteed by such Holding Subsidiary, but only to the extent that the Securities Notes are not already guaranteed by such Holding Subsidiary on reasonably comparable terms and (ii) cause such Holding Subsidiary to execute and deliver a supplemental indenture, in substantially the form of Exhibit E hereto, indenture evidencing its provision of a the Guarantee in accordance with clause (bSection 12.04(b) below. (b) Any Person that was not a the Guarantor on the Issue Date may become a Guarantor by executing and delivering to the Trustee (i) a supplemental indenture in form and substance satisfactory to the Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a the Guarantor and (ii) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of the Guarantee).

Addition of Guarantors. (a) If any Subsidiary of the Company guarantees (or becomes a co-obligor on) any Funded Indebtedness of the Company other than the Securities at any time subsequent to the Issue Date (including, without limitation, following any release of such Subsidiary pursuant to Section 9.06 hereof from any Guarantee previously provided by it under this Article 9), then the Company shall (i) cause the Securities to be equally and ratably guaranteed by such Subsidiary, but only to the extent that the Securities are not already guaranteed by such Subsidiary on reasonably comparable terms and (ii) cause such Subsidiary to execute and deliver a supplemental indenture, in substantially the form of Exhibit E hereto, evidencing its provision of a Guarantee in accordance with clause (b) below. (b) Any Person that was not a Guarantor on the Issue Date may become a Guarantor by executing and delivering to the Trustee (i) a supplemental indenture in form and substance satisfactory to the Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a Guarantor and (ii) an Opinion of Counsel and Officers' ’ Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' ’ rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of the Guarantee).

Addition of Guarantors. (a1) If any Holding Subsidiary of the Company Partnership incurs, creates, assumes or guarantees (or becomes a co-obligor on) any Funded Indebtedness of the Company Debt other than the Securities Notes at any time subsequent to the Issue Date (including, without limitation, following any release of such Holding Subsidiary pursuant to Section 9.06 hereof 12.05 from any the Guarantee previously provided by it under this Article 9XII), then the Company Partnership shall (iA) cause the Securities Notes to be equally and ratably guaranteed by such Holding Subsidiary, but only to the extent that the Securities Notes are not already guaranteed by such Holding Subsidiary on reasonably comparable terms and (iiB) cause such Holding Subsidiary to execute and deliver a supplemental indenture, in substantially the form of Exhibit E hereto, indenture evidencing its provision of a the Guarantee in accordance with clause (b2) below. (b2) Any Person that was not a the Guarantor on the Issue Date may become a Guarantor by executing and delivering to the Trustee (iA) a supplemental indenture in form and substance satisfactory to the Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a the Guarantor and (iiB) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of the Guarantee).

Addition of Guarantors. (a) If any Subsidiary of the The Company guarantees (agrees to cause each Person that is or becomes a co-obligor on) any Funded Indebtedness of the Company other than the Securities at any time subsequent to Restricted Subsidiary on or after the Issue Date (including, without limitation, following any release of such Subsidiary to become a Guarantor to the full extent as provided by this Article X by executing and delivering to the Trustee a supplemental indenture pursuant to Section 9.06 hereof from any Guarantee previously provided by it under this Article 9), then which such Restricted Subsidiary shall guarantee the Company shall (i) cause payment of the Securities to be equally and ratably guaranteed by such Subsidiary, but only pursuant to the extent that the Securities are not already guaranteed by such Subsidiary on reasonably comparable terms hereof, and (ii) cause such Subsidiary to execute and deliver a supplemental indenture, in substantially the form of Exhibit E hereto, evidencing its provision of a Guarantee in accordance with clause (b) below. (b) Any any Person that was not a Guarantor on the Issue Date may so become a Guarantor by executing and delivering to the Trustee Trustee, in each case as to such Restricted Subsidiary or Person (as applicable), (i) a supplemental indenture in form and substance satisfactory to the Trustee, which subjects such Restricted Subsidiary or Person to the provisions (including the representations and warranties) of this Indenture as a Guarantor and (ii) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Restricted Subsidiary or Person and constitutes the legal, valid, binding and enforceable obligation of such Restricted Subsidiary or Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion discretion). (b) The Company hereby represents and provided warrants that no opinion need be rendered concerning Restricted Subsidiaries and Guarantors are in existence on the enforceability of the Guarantee)Issue Date.

Addition of Guarantors. (a1) If any Subsidiary of the Company Partnership guarantees (or becomes a co-obligor on) any Funded Indebtedness Debt of the Company Partnership other than the Securities at any time subsequent to the Issue Date (including, without limitation, following any release of such Subsidiary pursuant to Section 9.06 hereof 1406 from any Guarantee previously provided by it under this Article 9XIV), then the Company Partnership shall (iA) cause the Securities to be equally and ratably guaranteed by such Subsidiary, but only to the extent that the Securities are not already guaranteed by such Subsidiary on reasonably comparable terms and (iiB) cause such Subsidiary to execute and deliver a supplemental indenture, in substantially the form of Exhibit E hereto, indenture evidencing its provision of a Guarantee in accordance with clause (b2) below. (b2) Any Person that was not a Guarantor on the Issue Date may become a Guarantor by executing and delivering to the Trustee (iA) a supplemental indenture in form and substance satisfactory to the Trustee, which subjects such Person to the provisions (including the representations and warranties) of this Indenture as a Guarantor and (iiB) an Opinion of Counsel and Officers' Certificate to the effect that such supplemental indenture has been duly authorized and executed by such Person and constitutes the legal, valid, binding and enforceable obligation of such Person (subject to such customary exceptions concerning creditors' rights and equitable principles as may be acceptable to the Trustee in its discretion and provided that no opinion need be rendered concerning the enforceability of the Guarantee).