Common use of Notwithstanding Section 4 Clause in Contracts

Notwithstanding Section 4. 2(a), the Guarantor and any Restricted Subsidiary may issue, incur, create, assume or guarantee Indebtedness secured by a Mortgage without equally and ratably securing the Notes (and the Guarantee) then outstanding; provided, that at the time of such issuance, incurrence, creation, assumption or guarantee, after giving effect thereto and to any concurrent retirement of Indebtedness, the aggregate amount of all Indebtedness secured by Mortgages (excluding Mortgages permitted under clauses (i) through (xi) of Section 4.2(a)) does not at such time exceed 15% of Consolidated Net Tangible Assets.