Common use of Other Permitted Indebtedness Clause in Contracts

Other Permitted Indebtedness. (c) Notwithstanding paragraphs (a) and (b) of this Section 4.04, no Restricted Subsidiary shall under any circumstances issue a guarantee of any Indebtedness of the Company except for guarantees issued by Restricted Subsidiaries pursuant to Section 4.20; provided, however, that the foregoing will not limit or restrict guarantees issued by Guarantors in respect of Indebtedness of other Guarantors or of the Company. For purposes of determining compliance with this Section 4.04, in the event that an item of Indebtedness meets the criteria of more than one of the types of Indebtedness which the Company and any Restricted Subsidiary are permitted to issue, the Company and such Restricted Subsidiary, as the case may be, will have the right, in the Company's sole discretion, to classify such item of Indebtedness at the time of its issuance and will only be required to include the amount and type of such Indebtedness under the clause permitting the Indebtedness as so classified. Neither the accrual of interest nor the issuance of additional Indebtedness in the form of additional promissory notes or otherwise in lieu of the payment of interest nor the accretion of accreted value will be deemed to be an issuance of Indebtedness for purposes of this Section 4.04.

Other Permitted Indebtedness. (c) Notwithstanding paragraphs (a) and (b) of this Section 4.04the foregoing, no Restricted Subsidiary shall under any circumstances issue a guarantee of any Indebtedness of the Company except for guarantees issued by Restricted Subsidiaries pursuant to Section 4.20; provided4.17 hereof, however, provided that the foregoing will not limit or restrict guarantees issued by Guarantors Restricted Subsidiaries in respect of Indebtedness of other Guarantors or of the CompanyRestricted Subsidiaries. For purposes of determining compliance with this Section 4.044.09, in the event that an item of Indebtedness meets the criteria of more than one of the types of Indebtedness which the Company and any Restricted Subsidiary are permitted categories described in clauses (i) through (iv) above or is entitled to issuebe incurred pursuant to Section 4.09(a) hereof, the Company and such Restricted Subsidiary, as the case may be, will have the rightshall, in the Company's its sole discretion, to classify such item of Indebtedness at the time in any manner that complies with this Section 4.09 and such item of its issuance and Indebtedness will be treated as having been incurred pursuant to only be required to include the amount and type one of such Indebtedness under clauses or pursuant to the clause permitting the Indebtedness as so classifiedfirst paragraph hereof. Neither the accrual Accrual of interest nor the issuance interest, accretion or amortization of additional Indebtedness in the form of additional promissory notes or otherwise in lieu of the payment of interest nor the accretion of accreted value original issue discount will not be deemed to be an issuance incurrence of Indebtedness for purposes of this Section 4.044.09.