Common use of Future Guarantees Clause in Contracts

Future Guarantees. If, on any date (a “Guarantee Date”), the aggregate amount of Indebtedness for borrowed money, Finance Lease Obligations, purchase money obligations or debt obligations evidenced by bonds, notes, debentures or similar instruments or drawn letters of credit of any Restricted Subsidiary that is not a Guarantor or a Non-Recourse Subsidiary then outstanding (other than any such Indebtedness owing to the Issuer or any Guarantor) exceeds the greater of (A) $250.0 million and (B) 7.5% of Distributable Cash for the applicable Test Period (tested at the time of incurrence of the applicable Indebtedness without regard to any subsequent change in Distributable Cash), the Issuer will cause such Restricted Subsidiary to (x) execute and deliver to the Trustee, within 45 days after such Guarantee Date, a supplemental indenture to this Indenture, which shall be substantially in the form attached as Exhibit E hereto, pursuant to which such Restricted Subsidiary will unconditionally guarantee the payment of the Notes, jointly and severally with all other Guarantors (if any) of the Notes, and (y) execute and deliver Security Documents or supplements thereto.

Future Guarantees. If, on any date (a “Guarantee Date”), the aggregate amount of Indebtedness for borrowed money, Finance Lease Obligations, purchase money obligations or debt obligations evidenced by bonds, notes, debentures or similar instruments or drawn letters of credit of any Restricted Subsidiary that is not a Guarantor or a Non-Recourse Subsidiary then outstanding (other than any such Indebtedness owing to the Issuer or any Guarantor) exceeds the greater of (A) $250.0 million and (B) 7.5% of Distributable Cash for the applicable Test Period (tested at the time of incurrence of the applicable Indebtedness without regard to any subsequent change in Distributable Cash), the Issuer will cause such Restricted Subsidiary to (x) execute and deliver to the Trustee, within 45 days after such Guarantee Date, a supplemental indenture to this Indenture, which shall be substantially in the form attached as Exhibit E hereto, pursuant to which such Restricted Subsidiary will unconditionally guarantee the payment of the NotesNotes and all other obligations under the Indenture, jointly and severally with all other Guarantors (if any) of the Notes, and (y) execute and deliver Security Documents or supplements thereto.