Common use of New Guarantors Clause in Contracts

New Guarantors. The Parent Guarantor covenants and agrees that if any Subsidiary of the Parent Guarantor that is not a Guarantor becomes a Relevant Guarantor, then within 30 days of such Subsidiary becoming a Relevant Guarantor, the Parent Guarantor shall cause such Relevant Guarantor to also become a Subsidiary Guarantor (each, a “New Guarantor”) of all amounts due and owing on the Outstanding Securities by having the New Guarantor, the Issuer and the Trustee delivering a New Guarantor Supplemental Indenture within such 30 days, provided that such New Guarantor’s Guarantee may contain any limitation required under the laws of the jurisdiction in which it is organized, or which are substantially similar to the limitations contained in such other new guarantees given by the New Guarantor in relation to the Specified Indebtedness giving rise to its status as a Relevant Guarantor. Upon execution and delivery by the New Guarantor of its New Guarantor Supplemental Indenture and any other documents provided for in this Section 1010, the New Guarantor shall be a Guarantor for the purposes of this Indenture (and shall be deemed to be added to the list of Guarantors contained in Schedule 1 hereto) and for purposes of all amounts due and owing on all Outstanding Securities. In connection therewith, (i) the rights and obligations of such New Guarantor and the restrictions imposed upon it under this Indenture shall be the same in all respects as if the New Guarantor had been an Original Guarantor and (ii) the rights and obligations and restrictions imposed upon the other Guarantors shall be the same in all respects as if the New Guarantor had been an Original Guarantor.

New Guarantors. The Parent Guarantor Issuer covenants and agrees that if any Subsidiary of the Parent Guarantor Issuer that is not a Guarantor becomes a Relevant Guarantor, then within 30 days of such Subsidiary becoming a Relevant Guarantor, the Parent Guarantor Issuer shall cause such Relevant Guarantor to also become a Subsidiary Guarantor (each, a “New Guarantor”) of all amounts due and owing on the Outstanding Securities by having the New Guarantor, the Issuer and the Trustee delivering a New Guarantor Supplemental Indenture within such 30 days, provided that such New Guarantor’s Guarantee may contain any limitation required under the laws of the jurisdiction in which it is organized, or which are substantially similar to the limitations contained in such other new guarantees given by the New Guarantor in relation to the Specified Indebtedness giving rise to its status as a Relevant Guarantor. Upon execution and delivery by the New Guarantor of its New Guarantor Supplemental Indenture and any other documents provided for in this Section 1010, the New Guarantor shall be a Guarantor for the purposes of this Indenture (and shall be deemed to be added to the list of Guarantors contained in Schedule 1 hereto) and for purposes of all amounts due and owing on all Outstanding Securities. In connection therewith, (i) the rights and obligations of such New Guarantor and the restrictions imposed upon it under this Indenture shall be the same in all respects as if the New Guarantor had been an Original Guarantor and (ii) the rights and obligations and restrictions imposed upon the other Guarantors shall be the same in all respects as if the New Guarantor had been an Original Guarantor.

New Guarantors. The Parent Guarantor covenants and agrees that if any Subsidiary of the Parent Guarantor that is not a Guarantor becomes a Relevant Guarantor, then within 30 days of such Subsidiary becoming a Relevant Guarantor, the Parent Guarantor shall cause such Relevant Guarantor to also become a Subsidiary Guarantor (each, a “New Guarantor”) of all amounts due and owing on the Outstanding Securities by having the New Guarantor, the Issuer and the Trustee delivering a New Guarantor Supplemental Indenture within such 30 days, provided that such New Guarantor’s Guarantee may contain any limitation required under the laws of the jurisdiction in which it is organized, or which are substantially similar to the limitations contained in such other new guarantees given by the New Guarantor in relation to the Specified Indebtedness giving rise to its status as a Relevant Guarantor. Upon execution and delivery by the New Guarantor of its New Guarantor Supplemental Indenture and any other documents provided for in this Section 10101011, the New Guarantor shall be a Guarantor for the purposes of this Indenture (and shall be deemed to be added to the list of Guarantors contained in Schedule 1 hereto) and for purposes of all amounts due and owing on all Outstanding Securities. In connection therewith, (i) the rights and obligations of such New Guarantor and the restrictions imposed upon it under this Indenture shall be the same in all respects as if the New Guarantor had been an Original Guarantor and (ii) the rights and obligations and restrictions imposed upon the other Guarantors shall be the same in all respects as if the New Guarantor had been an Original Guarantor.

New Guarantors. The Parent Guarantor covenants and agrees that if any Borrower will cause each Material Domestic Subsidiary of created, acquired or otherwise existing on or after the Parent Guarantor that is not Closing Date to immediately become a Guarantor becomes a Relevant Guarantor, then within 30 days of such Subsidiary becoming a Relevant Guarantor, the Parent Guarantor and shall cause such Relevant Subsidiary to execute and deliver to the Administrative Agent, for the benefit of the Administrative Agent and the Lenders, (a) a Guaranty, and (b) further Security Documents or other instruments and documents as the Administrative Agent may require in order to grant to the Administrative Agent a first priority perfected security interest in certain of such Domestic Subsidiary's assets (PROVIDED, to the extent such Material Domestic Subsidiary directly owns a Material Foreign Subsidiary, such Material Domestic Subsidiary shall only be required to pledge 65% of the capital stock of such Material Foreign Subsidiary and, PROVIDED, FURTHER, that the collateral subject to such security interest shall not be more extensive in scope than the collateral pledged by the Borrower), together with legal opinions in form and substance satisfactory to the Administrative Agent to be delivered to the Administrative Agent and the Lenders opining as to authorization validity and enforceability of such Guaranty and Security Documents and (as to the applicable Security Documents) the perfection of such security interests. In addition, the Borrower will not at any time permit the aggregate assets of the Insignificant Domestic Subsidiaries which are not Guarantors to exceed five percent (5%) of the Borrower and its Subsidiaries consolidated assets and, in addition, the Borrower also agrees to be bound by the provisions of ss.8.18 hereof. The Borrower shall require certain Insignificant Domestic Subsidiaries to become Guarantors hereunder to the extent necessary to comply at all times with the preceding sentence, and such Subsidiary shall remain a Guarantor hereunder and, in addition, the Borrower shall, to also the extent required by ss.8.18, require any Foreign Subsidiary to become a Subsidiary Guarantor (each, a “New Guarantor”) hereunder and pledge the Capital Stock of all amounts due and owing on the Outstanding Securities by having the New Guarantor, the Issuer and the Trustee delivering a New Guarantor Supplemental Indenture within such 30 days, provided that such New Guarantor’s Guarantee may contain any limitation required under the laws of the jurisdiction in which it is organized, or which are substantially similar to the limitations contained in such other new guarantees given by the New Guarantor in relation to the Specified Indebtedness giving rise to its status as a Relevant Guarantor. Upon execution and delivery by the New Guarantor of its New Guarantor Supplemental Indenture and any other documents provided for in this Section 1010, the New Guarantor shall be a Guarantor for the purposes of this Indenture (and shall be deemed to be added to the list of Guarantors contained in Schedule 1 hereto) and for purposes of all amounts due and owing on all Outstanding Securities. In connection therewith, (i) the rights and obligations of such New Guarantor and the restrictions imposed upon it under this Indenture shall be the same in all respects as if the New Guarantor had been an Original Guarantor and (ii) the rights and obligations and restrictions imposed upon the other Guarantors shall be the same in all respects as if the New Guarantor had been an Original GuarantorMaterial Foreign Subsidiary.

New Guarantors. The Parent Guarantor covenants and agrees that if any Borrower will cause each Material Subsidiary of the Parent Guarantor that is not a Domestic Subsidiary created, acquired or otherwise coming into existence on or after the Closing Date (a “New Domestic Subsidiary”) involving a Minimum Investment by Borrower, whether at the time of formation or thereafter, (a “Special Material Subsidiary”) promptly (and in any event within fifteen (15) Business Days after such New Domestic Subsidiary shall become a Special Material Subsidiary) to become a Guarantor becomes a Relevant Guarantor, then within 30 days of such Subsidiary becoming a Relevant Guarantor, the Parent Guarantor hereunder and shall cause such Relevant Guarantor Special Material Subsidiary to also become a Subsidiary Guarantor (eachexecute and deliver to the Lender, a “New Guarantor”) Guaranty and certified copies of all amounts due such Special Material Subsidiary’s Governing Documents, together with, if requested by the Lender, legal opinions in form and owing on the Outstanding Securities by having the New Guarantor, the Issuer and the Trustee delivering a New Guarantor Supplemental Indenture within such 30 days, provided that such New Guarantor’s Guarantee may contain any limitation required under the laws of the jurisdiction in which it is organized, or which are substantially similar substance reasonably satisfactory to the limitations contained in Lender opining as to authorization, validity and enforceability of such other new guarantees given by the New Guarantor in relation to the Specified Indebtedness giving rise to its status as a Relevant GuarantorGuaranty. Upon execution and delivery by the New Guarantor of its New Guarantor Supplemental Indenture and any other documents provided for in this Section 1010, the New Guarantor shall be a Guarantor for the For purposes of this Indenture (section, “Minimum Investment” shall mean an Investment in excess of $10,000,000. At such time the Borrower shall also pledge the stock of each new Special Material Subsidiary by executing and delivering a Stock Pledge Agreement with respect to the stock of such new Special Material Subsidiary to the extent such would have been required pursuant to §6.1 if such Subsidiary had been a Material Subsidiary as of the Closing Date. The foregoing notwithstanding, the Borrower’s aggregate Investments in New Domestic Subsidiaries that shall not individually be deemed Special Material Subsidiaries shall not exceed $20,000,000 (the “Special Limit”), provided, that if such Investments shall exceed the Special Limit, the Borrower shall promptly designate such additional New Domestic Subsidiaries to be added deemed “Special Material Subsidiaries” as necessary in order to adhere to the list of Guarantors contained in Schedule 1 hereto) and for purposes of all amounts due and owing on all Outstanding Securities. In connection therewith, (i) the rights and obligations of such New Guarantor and the restrictions imposed upon it under this Indenture shall be the same in all respects as if the New Guarantor had been an Original Guarantor and (ii) the rights and obligations and restrictions imposed upon the other Guarantors shall be the same in all respects as if the New Guarantor had been an Original GuarantorSpecial Limit.