Common use of Limitation on Issuances of Guarantees of Indebtedness Clause in Contracts

Limitation on Issuances of Guarantees of Indebtedness. The Issuer shall not permit any of its Subsidiaries that is not a Guarantor to, directly or indirectly, Guarantee any Indebtedness of the Issuer or any Guarantor unless such Subsidiary simultaneously executes and delivers a supplemental indenture in form and substance reasonably satisfactory to the Trustee providing for the Guarantee of all Outstanding Senior Notes by such Subsidiary, which Guarantee will, subject to the terms of the Security Trust and Intercreditor Deed, be at least pari passu with such Subsidiary's Guarantee of such other Indebtedness and be secured by New Security in accordance with the principles set forth in Section 4.15 (Requirements with respect to Additional Guarantors). The requirements in this Section 4.17 shall not apply to any counter-indemnity obligation permitted by clause (11), (12), (14) or (15) of the definition of Permitted Intra-Group Indebtedness.

Appears in 2 contracts

Samples: Deposit Agreement (Marconi Corp PLC), Deposit Agreement (Marconi Corp PLC)

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Limitation on Issuances of Guarantees of Indebtedness. The Issuer shall not permit any of its Subsidiaries that is not a Guarantor to, directly or indirectly, Guarantee any Indebtedness of the Issuer or any Guarantor unless such Subsidiary simultaneously executes and delivers a supplemental indenture in form and substance reasonably satisfactory to the Trustee providing for the Guarantee of all Outstanding Senior Junior Notes by such Subsidiary, which Guarantee will, subject to the terms of the Security Trust and Intercreditor Deed, be at least pari passu with such Subsidiary's Guarantee of such other Indebtedness and be secured by New Security in accordance with the principles set forth in Section 4.15 4.14 (Requirements with respect to Additional Guarantors). The requirements in this Section 4.17 4.16 shall not apply to any counter-indemnity obligation permitted by clause (11), (12), (14) or (15) of the definition of Permitted Intra-Group Indebtedness.

Appears in 2 contracts

Samples: Deposit Agreement (Marconi Corp PLC), Deposit Agreement (Marconi Corp PLC)

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