Common use of Other Guarantor Clause in Contracts

Other Guarantor. Except in accordance with the immediately following sentence, no claim(s) may be brought against (and no recovery as a result of such claim(s) may be obtained from) the Guarantor under this Limited Guarantee unless such claim(s) have been concurrently brought against the Other Guarantors in connection with the Limited Guarantees, dated as of the date of this Limited Guarantee (the “Other Limited Guarantees”), by MIP V (FCC) AIV, L.P. and ASOF Holdings I, L.P. (together, the “Other Guarantors”) in favor of the Company. The immediately preceding sentence shall not apply to the extent that: (i) the bringing of such claim(s) against the Other Guarantors is prohibited or stayed by any applicable Law; or (ii) each Other Guarantor has satisfied in full its obligation under the Other Limited Guarantee. The Company shall not release the Other Guarantors from any obligations under the Other Limited Guarantees or amend or waive any provision of the Other Limited Guarantees, except to the extent the Company offers to release the Guarantor under this Limited Guarantee in the same proportion or to amend or waive the provisions of this Limited Guarantee in the same manner. Notwithstanding anything to the contrary contained in this Limited Guarantee or any other document, the obligations of the Guarantor under this Limited Guarantee and of the Other Guarantors under the Other Limited Guarantees shall be several and not joint.

Other Guarantor. Except in accordance with the immediately following sentence, no claim(s) may be brought against (and no recovery as a result of such claim(s) may be obtained from) the Guarantor under this Limited Guarantee unless such claim(s) have been concurrently brought against the Other Guarantors Guarantor in connection with the Limited GuaranteesGuarantee, dated as of the date of this Limited Guarantee (the “Other Limited GuaranteesGuarantee”), by MIP V (FCC) AIV, L.P. and ASOF Holdings I, L.P. (together, the “Other GuarantorsGuarantor”) in favor of the Company. The immediately preceding sentence shall not apply to the extent that: (i) the bringing of such claim(s) against the Other Guarantors Guarantor is prohibited or stayed by any applicable Law; or (ii) each the Other Guarantor has satisfied in full its obligation under the Other Limited Guarantee. The Company shall not release the Other Guarantors Guarantor from any obligations under the Other Limited Guarantees Guarantee or amend or waive any provision of the Other Limited GuaranteesGuarantee, except to the extent the Company offers to release the Guarantor under this Limited Guarantee in the same proportion or to amend or waive the provisions of this Limited Guarantee in the same manner. Notwithstanding anything to the contrary contained in this Limited Guarantee or any other document, the obligations of the Guarantor under this Limited Guarantee and of the Other Guarantors Guarantor under the Other Limited Guarantees Guarantee shall be several and not joint.

Other Guarantor. Except in accordance with the immediately following sentence, no claim(s) may be brought against (and no recovery as a result of such claim(s) may be obtained from) the Guarantor under this Limited Guarantee unless such claim(s) have been concurrently brought against the Other Guarantors GuarantorGuarantors in connection with the Limited GuaranteesGuaranteeGuarantees, dated as of the date of this Limited Guarantee (the “Other Limited GuaranteesGuaranteeGuarantees”), by MIP V (FCC) AIV, L.P. (and ASOF Holdings I, L.P. (together, the “Other GuarantorsGuarantorGuarantors”) in favor of the Company. The immediately preceding sentence shall not apply to the extent that: (i) the bringing of such claim(s) against the Other Guarantors GuarantorGuarantors is prohibited or stayed by any applicable Law; or (ii) each theeach Other Guarantor has satisfied in full its obligation under the Other Limited Guarantee. The Company shall not release the Other Guarantors GuarantorGuarantors from any obligations under the Other Limited Guarantees GuaranteeGuarantees or amend or waive any provision of the Other Limited GuaranteesGuaranteeGuarantees, except to the extent the Company offers to release the Guarantor under this Limited Guarantee in the same proportion or to amend or waive the provisions of this Limited Guarantee in the same manner. Notwithstanding anything to the contrary contained in this Limited Guarantee or any other document, the obligations of the Guarantor under this Limited Guarantee and of the Other Guarantors GuarantorGuarantors under the Other Limited Guarantees GuaranteeGuarantees shall be several and not joint.