Common use of Release of Guarantors from Guarantee Clause in Contracts

Release of Guarantors from Guarantee. (1) Notwithstanding any other provisions of this Indenture, the Guarantee of any Guarantor may be released upon the terms and subject to the conditions set forth in Article VIII and this Section 10.04. Provided that no Default shall have occurred and shall be continuing under this Indenture, any Guarantee incurred by a Guarantor pursuant to this Article X shall be unconditionally released and discharged (i) automatically upon (A) any sale, exchange, transfer or other disposition, whether by way of merger, consolidation or otherwise, to any Person that is not the Company or a Subsidiary of the Company, of all of the Company’s direct or indirect equity interests in such Guarantor and such Guarantor no longer qualifies as a Subsidiary of the Company as a result of such disposition (provided such sale, exchange or transfer is not prohibited by this Indenture) or (B) the merger of such Guarantor into the Company or any other Guarantor or the liquidation and dissolution of such Guarantor (in each case to the extent not prohibited by this Indenture) or (ii) following delivery of a written notice of such release or discharge by the Company to the Trustee, upon the release or discharge of all guarantees by such Guarantor of any Debt of the Company other than obligations arising under this Indenture and any Securities issued hereunder, except a discharge or release by or as a result of payment under such guarantees.

Release of Guarantors from Guarantee. (1a) Notwithstanding any other provisions of this Indenture, the Guarantee of any Guarantor may be released upon the terms and subject to the conditions set forth in Article VIII and this Section 10.0411.04. Provided that no Default shall have occurred and shall be continuing under this Indenture, any Guarantee incurred by a Guarantor pursuant to this Article X XI shall be unconditionally released and discharged (i) automatically upon (A) any sale, exchange, transfer exchange or other dispositiontransfer, whether by way of merger, consolidation merger or otherwise, to any Person that is not the Company or a Subsidiary of the Company, of all of the Company’s direct or indirect equity interests in such Guarantor and such Guarantor no longer qualifies as a Subsidiary of the Company as a result of such disposition (provided such sale, exchange or transfer is not prohibited by this Indenture) or (B) the merger of such Guarantor into the Company or any other Guarantor or the liquidation and dissolution of such Guarantor (in each case to the extent not prohibited by this Indenture) or (ii) following delivery of a written notice of such release or discharge by the Company to the Trustee, upon the release or discharge of all guarantees by such Guarantor of any Debt of the Company other than obligations arising under this Indenture and any Securities issued hereunder, except a discharge or release by or as a result of payment under such guarantees.

Release of Guarantors from Guarantee. (1a) Notwithstanding any other provisions of this Indenture, the Guarantee of any Guarantor may be released upon the terms and subject to the conditions set forth in Article VIII and this Section 10.04. Provided that no Default shall have occurred and shall be continuing under this Indenture, any Guarantee incurred by a Guarantor pursuant to this Article X shall be unconditionally released and discharged (i) automatically upon (A) any sale, exchange, transfer exchange or other dispositiontransfer, whether by way of merger, consolidation merger or otherwise, to any Person that is not the Company or a Subsidiary of the Company, of all of the Company’s direct or indirect equity interests in such Guarantor and such Guarantor no longer qualifies as a Subsidiary of the Company as a result of such disposition (provided such sale, exchange or transfer is not prohibited by this Indenture) or (B) the merger of such Guarantor into the Company or any other Guarantor or the liquidation and dissolution of such Guarantor (in each case to the extent not prohibited by this Indenture) or (ii) following delivery of a written notice of such release or discharge by the Company to the Trustee, upon the release or discharge of all guarantees by such Guarantor of any Debt of the Company other than obligations arising under this Indenture and any Securities issued hereunder, except a discharge or release by or as a result of payment under such guarantees.

Release of Guarantors from Guarantee. (1) Notwithstanding any other provisions of this Indenture, the Guarantee of any Guarantor may be released upon the terms and subject to the conditions set forth in Article VIII Section 402 and in this Section 10.041606 or, in any event, in accordance with the terms of such Guarantee or the supplement to this Indenture pursuant to which such Guarantee was issued. Provided that no Default shall have occurred and shall be continuing under this Indenture, any the Guarantee incurred by a Guarantor pursuant to this Article X Sixteen shall be unconditionally released and discharged (i) following delivery of an Officer’s Certificate to the Trustee to the effect that such release or discharge has occurred pursuant to the terms and conditions of any series of Securities covered by such Guarantee, or (ii) automatically upon (A) any sale, exchange, transfer exchange or other dispositiontransfer, whether by way of merger, consolidation merger or otherwise, to any Person that is not the Company or a Subsidiary an Affiliate of the Company, of all of the Company’s direct or indirect limited partnership or other equity interests in such Guarantor and such Guarantor no longer qualifies as a Subsidiary of the Company as a result of such disposition (provided such sale, exchange or transfer is not prohibited by this Indenture) or (B) the merger of such Guarantor into the Company or any other Guarantor or the liquidation and dissolution of such Guarantor (in each case to the extent not prohibited such liquidation or dissolution is expressly permitted (without regard to Section 101(12)) by this Indenture) Indenture or (ii) following delivery of a written notice of such release or discharge by the Company to the Trustee, upon the release or discharge of all guarantees by such Guarantor of any Debt of the Company other than obligations arising under this Indenture and any Securities issued hereunder, except a discharge or release by or as a result of payment under such guaranteesapplicable Securities).

Release of Guarantors from Guarantee. (1a) Notwithstanding any other provisions of this Indenture, the Guarantee of any Guarantor may be released upon the terms and subject to the conditions set forth in Article VIII Section 11.02(b) and in this Section 10.0414.04. Provided that no Default shall have occurred and shall be continuing under this Indenture, any Guarantee incurred by a Subsidiary Guarantor pursuant to this Article X XIV shall be unconditionally released and discharged (iA) automatically upon (A1) any sale, exchange, transfer exchange or other dispositiontransfer, whether by way of merger, consolidation merger or otherwise, to any Person that is not the Company or a Subsidiary an Affiliate of the Company, of all of the CompanyParent Guarantor’s direct or indirect limited partnership or other equity interests in such Subsidiary Guarantor and such Guarantor no longer qualifies as a Subsidiary of the Company as a result of such disposition (provided such sale, exchange or transfer is not prohibited by this Indenture) or (B2) the merger of such Subsidiary Guarantor into the Company or any other Guarantor or the liquidation and dissolution of such Subsidiary Guarantor (in each case to the extent not prohibited by this Indenture) or (iiB) following delivery of a written notice of such release or discharge by the Company to the Trustee, upon the release or discharge of all guarantees by or other obligations of such Subsidiary Guarantor of with respect to any Funded Debt of the Company other than obligations arising under this Indenture and any Debt Securities issued hereunder, except a discharge or release by or as a result of payment under such guarantees.

Release of Guarantors from Guarantee. (1a) Notwithstanding any other provisions of this Indenture, the Guarantee of any Guarantor may be released upon the terms and subject to the conditions set forth in Article VIII Section 11.2(b) and in this Section 10.0414.4 or in the terms of any particular series of Debt Securities. Provided that no Default shall have occurred and shall be continuing under this Indenture, any the Guarantee incurred by a Guarantor pursuant to this Article X XIV shall be unconditionally released and discharged (i) automatically upon (A) any sale, exchange, transfer exchange or other dispositiontransfer, whether by way of merger, consolidation merger or otherwise, to any Person that is not the Company or a Subsidiary an Affiliate of the Company, of all of the Company’s direct or indirect limited partnership or other equity interests in such Guarantor and such Guarantor no longer qualifies as a Subsidiary of the Company as a result of such disposition (provided such sale, exchange or transfer is not prohibited by this Indenture) or ); (B) the merger of such Guarantor into the Company or any other Guarantor or the liquidation and dissolution of such Guarantor (in each case to the extent not prohibited by this Indenture); (C) dissolution of such Guarantor; (D) such Guarantor otherwise ceasing to be our Subsidiary or (E) upon satisfaction and discharge or defeasance of this indenture in accordance with Section 11.2 or (ii) following delivery of a written notice of such release or discharge by the Company to the Trustee, upon the release or discharge of all guarantees by such Guarantor of any Debt all Primary Senior Indebtedness of the Company other than obligations arising under this Indenture and any Securities issued hereunderCompany, except a discharge or release by or as a result of payment under such guarantees.

Release of Guarantors from Guarantee. (1a) Notwithstanding any other provisions of this Indenture, the Guarantee of any Guarantor may be released upon the terms and subject to the conditions set forth in Article VIII Section 11.02(b) and in this Section 10.0414.04. Provided that no Default shall have occurred and shall be continuing under this Indenture, any the Guarantee incurred by a Guarantor pursuant to this Article X XIV shall be unconditionally released and discharged (i) automatically upon (A) any sale, exchange, transfer exchange or other dispositiontransfer, whether by way of merger, consolidation merger or otherwise, to any Person that is not the Company or a Subsidiary an Affiliate of the CompanyPartnership, of all of the CompanyPartnership’s direct or indirect limited partnership or other equity interests in such Guarantor and such Guarantor no longer qualifies as a Subsidiary of the Company as a result of such disposition (provided such sale, exchange or transfer is not prohibited by this Indenture) or (B) the merger of such Guarantor into the Company Partnership or any other Guarantor or the liquidation and dissolution of such Guarantor (in each case to the extent not prohibited by this Indenture) or (ii) following delivery of a written notice of such release or discharge by the Company Partnership to the Trustee, upon the release or discharge of all guarantees by such Guarantor of any Debt of the Company Partnership other than obligations arising under this Indenture and any Debt Securities issued hereunder, except a discharge or release by or as a result of payment under such guarantees.. Exhibit 4.1 --------

Release of Guarantors from Guarantee. (1a) Notwithstanding any other provisions of this Indenture, the Guarantee of any Guarantor may be released upon the terms and subject to the conditions set forth in Article VIII Section 11.2(b) and in this Section 10.0414.4 or in the terms of any particular series of Debt Securities. Provided that no Default shall have occurred and shall be continuing under this Indenture, any the Guarantee incurred by a Guarantor pursuant to this Article X XIV shall be unconditionally released and discharged (i) automatically upon (A) any sale, exchange, transfer exchange or other dispositiontransfer, whether by way of merger, consolidation merger or otherwise, to any Person that is not the Company or a Subsidiary an Affiliate of the Company, of all of the Company’s direct or indirect limited partnership or other equity interests in such Guarantor and such Guarantor no longer qualifies as a Subsidiary of the Company as a result of such disposition (provided such sale, exchange or transfer is not prohibited by this Indenture) or ); (B) the merger of such Guarantor into the Company or any other Guarantor or the liquidation and dissolution of such Guarantor (in each case to the extent not prohibited by this Indenture); (C) dissolution of such Guarantor; (D) such Guarantor otherwise ceasing to be our Subsidiary; (E) in the case of the Parent Guarantor’s Guarantee only, the Company ceases for any reason to be a Subsidiary; or (F) upon satisfaction and discharge or defeasance of this indenture in accordance with Section 11.2 or (ii) following delivery of a written notice of such release or discharge by the Company to the Trustee, upon the release or discharge of all guarantees by such Guarantor of any Debt of the Company other than obligations arising under this Indenture and any Debt Securities issued hereunder, except a discharge or release by or as a result of payment under such guarantees.

Release of Guarantors from Guarantee. (1a) Notwithstanding any other provisions of this Indenture, the Guarantee of any Guarantor may be released upon the terms and subject to the conditions set forth in Article VIII Section 11.02(b) and in this Section 10.0414.04. Provided that no Default shall have occurred and shall be continuing under this Indenture, any Guarantee incurred by a Guarantor pursuant to this Article X XIV shall be unconditionally released and discharged (i) in the case of a Subsidiary Guarantor, (A) automatically upon (A1) any sale, exchange, transfer exchange or other dispositiontransfer, whether by way of merger, consolidation merger or otherwise, to any Person that is not the Company or a Subsidiary an Affiliate of the Company, of all of the Company’s direct or indirect limited liability company or other equity interests in such Subsidiary Guarantor and such Guarantor no longer qualifies as a Subsidiary of the Company as a result of such disposition (provided such sale, exchange or transfer is not prohibited by this Indenture) or (B2) the merger of such Subsidiary Guarantor into the Company or any other Guarantor or the liquidation and dissolution of such Subsidiary Guarantor (in each case to the extent not prohibited by this Indenture) or (iiB) following delivery of a written notice of such release or discharge by the Company to the Trustee, upon the release or discharge of all guarantees by such Subsidiary Guarantor of any Debt of the Company other than obligations arising under this Indenture and any Debt Securities issued hereunder, except a discharge or release by or as a result of payment under such guarantees, and (ii) in the case of the Parent Guarantor, automatically upon the merger of the Parent Guarantor into the Company or any other Guarantor or the liquidation and dissolution of the Parent Guarantor (in each case to the extent not prohibited by this Indenture).

Release of Guarantors from Guarantee. (1a) Notwithstanding any other provisions of this Indenture, the Guarantee of any Guarantor may be released upon the terms and subject to the conditions set forth in Article VIII Section 11.02(b) and in this Section 10.0414.04. Provided that no Default shall have occurred and shall be continuing under this Indenture, any Guarantee incurred by a Guarantor pursuant to this Article X XIV shall be unconditionally released and discharged (i) in the case of a Subsidiary Guarantor, (A) automatically upon (A1) any sale, exchange, transfer exchange or other dispositiontransfer, whether by way of merger, consolidation merger or otherwise, to any Person that is not the Company or a Subsidiary an Affiliate of the Company, of all of the Company’s 's direct or indirect limited Company or other equity interests in such Subsidiary Guarantor and such Guarantor no longer qualifies as a Subsidiary of the Company as a result of such disposition (provided such sale, exchange or transfer is not prohibited by this Indenture) or (B2) the merger of such Subsidiary Guarantor into the Company or any other Guarantor or the liquidation and dissolution of such Subsidiary Guarantor (in each case to the extent not prohibited by this Indenture) or (iiB) following delivery of a written notice of such release or discharge by the Company to the Trustee, upon the release or discharge of all guarantees by such Subsidiary Guarantor of any Debt of the Company other than obligations arising under this Indenture and any Debt Securities issued hereunder, except a discharge or release by or as a result of payment under such guarantees, and (ii) in the case of the Parent Guarantor, automatically upon the merger of the Parent Guarantor into the Company or any other Guarantor or the liquidation and dissolution of the Parent Guarantor (in each case to the extent not prohibited by this Indenture).