Common use of Guarantees by Subsidiaries Clause in Contracts

Guarantees by Subsidiaries. At any time that any Domestic Subsidiary (including, without limitation, any Unrestricted Subsidiary or Non-Recourse Real Estate Subsidiary) Guarantees any Indebtedness of the Borrower, cause such Domestic Subsidiary to, promptly (but in any event within five (5) Business Days of providing such Guarantee), (a) no longer be designated as an Unrestricted Subsidiary or Non-Recourse Real Estate Subsidiary, as the case may be, (b) become a Guarantor by executing and delivering to the Administrative Agent a counterpart of the Guaranty or such other document as the Administrative Agent shall deem appropriate for such purpose and (c) deliver to the Administrative Agent documents of the types referred to in clauses (iii) and (iv) of Section 4.01(a) and favorable opinions of counsel to such Person (which shall cover, among other things, the legality, validity, binding effect and enforceability of the documentation referred to in clause (a)), all in form, content and scope reasonably satisfactory to the Administrative Agent.