No Guarantee by Guarantor; Springing Subsidiary Guarantee by CRLP; Form of Subsidiary Guarantee. The Notes will not be guaranteed by the Guarantor. CRLP will be required to guarantee the Notes under the circumstances set forth in Section 1018 of the Indenture (such Section 1018 having been added to the Indenture, but solely insofar as relates to the Notes, by Section 3.01 of this First Supplemental Indenture) and the terms of CRLP’s Subsidiary Guarantee of the Notes shall be those set forth in Article Seventeen of the Indenture (such Article Seventeen having been added to the Indenture, solely insofar as relates to the Notes, by Section 4.32 of this First Supplemental Indenture) and in the Subsidiary Guarantees, if any, endorsed on the certificates evidencing the Notes. Any Subsidiary Guarantee of CRLP endorsed on the certificates evidencing any Notes shall be substantially in the form attached to the form of Note attached hereto as Annex A. For purposes of clarity, it is understood and agreed that, if CRLP enters into a Subsidiary Guarantee Supplemental Indenture as contemplated by Section 1018 of the Indenture (which Section 1018 is being added to the Original Indenture pursuant to Section 3.01 of this First Supplemental Indenture), then, insofar as relates to the Notes, CRLP shall be an “Other Guarantor” as defined in the Indenture, effective as of the date of such Subsidiary Guarantee Supplemental Indenture, and, unless otherwise expressly stated or the context otherwise requires, from and after that date references in the Indenture to “guarantees” and “other guarantees” of any Other Guarantor shall include, without limitation, CRLP’s Subsidiary Guarantee of the Notes; provided that the term “Other Guarantor”, as used in the definition of “Indenture” in Section 101 and in Sections 201 and 301 of the Indenture, shall include, effective as of the date of this First Supplemental Indenture, CRLP.
Appears in 1 contract
Sources: First Supplemental Indenture (Mid-America Apartments, L.P.)
No Guarantee by Guarantor; Springing Subsidiary Guarantee by CRLP; Form of Subsidiary Guarantee. The Notes will not be guaranteed by the Guarantor. CRLP will be required to guarantee the Notes under the circumstances set forth in Section 1018 of the Indenture (such Section 1018 having been added to the Indenture, but solely insofar as relates to the Notes, by Section 3.01 of this First Second Supplemental Indenture) and the terms of CRLP’s Subsidiary Guarantee of the Notes shall be those set forth in Article Seventeen of the Indenture (such Article Seventeen having been added to the Indenture, solely insofar as relates to the Notes, by Section 4.32 of this First Second Supplemental Indenture) and in the Subsidiary Guarantees, if any, endorsed on the certificates evidencing the Notes. Any Subsidiary Guarantee of CRLP endorsed on the certificates evidencing any Notes shall be substantially in the form attached to the form of Note attached hereto as Annex A. For purposes of clarity, it is understood and agreed that, if CRLP enters into a Subsidiary Guarantee Supplemental Indenture as contemplated by Section 1018 of the Indenture (which Section 1018 is being added to the Original Indenture pursuant to Section 3.01 of this First Second Supplemental Indenture), then, insofar as relates to the Notes, CRLP shall be an “Other Guarantor” as defined in the Indenture, effective as of the date of such Subsidiary Guarantee Supplemental Indenture, and, unless otherwise expressly stated or the context otherwise requires, from and after that date references in the Indenture to “guarantees” and “other guarantees” of any Other Guarantor shall include, without limitation, CRLP’s Subsidiary Guarantee of the Notes; provided that the term “Other Guarantor”, as used in the definition of “Indenture” in Section 101 and in Sections 201 and 301 of the Indenture, shall include, effective as of the date of this First Second Supplemental Indenture, CRLP.
Appears in 1 contract
Sources: Second Supplemental Indenture (Mid-America Apartments, L.P.)