Common use of The Domestic Guaranty Clause in Contracts

The Domestic Guaranty. In order to induce the Lenders to enter into this Agreement and any Hedging Agreement Provider to enter into any Secured Hedging Agreement with the Company or any of its Domestic Subsidiaries and to extend credit hereunder and thereunder, and in recognition of the direct benefits to be received by the Domestic Guarantors from the Extensions of Credit hereunder and the extensions of credit under any Secured Hedging Agreement, each of the Domestic Guarantors hereby agrees with the Administrative Agent and the Lenders as follows: each Domestic Guarantor hereby unconditionally and irrevocably jointly and severally guarantees as primary obligor and not merely as surety the full and prompt payment when due, whether upon maturity, by acceleration or otherwise, of any and all indebtedness of the Company to the Administrative Agent, the Lenders and the Hedging Agreement Providers. If any or all of the indebtedness of the Company to the Administrative Agent and the Lenders becomes due and payable hereunder, each Domestic Guarantor unconditionally promises to pay such indebtedness to the Administrative Agent, the Lenders and the Hedging Agreement Providers, or order, on demand, together with any and all reasonable expenses which may be incurred by the Administrative Agent, the Lenders or the Hedging Agreement Providers in collecting any of the indebtedness. The word “indebtedness” is used in this Article X in its most comprehensive sense and includes any and all advances, debts, obligations and liabilities of the Company, including all Credit Party Obligations of the Company, arising in connection with this Agreement, the other Credit Documents or any Secured Hedging Agreement, in each case, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not such indebtedness is from time to time reduced, or extinguished and thereafter increased or incurred, whether the Company may be liable individually or jointly with others, whether or not recovery upon such indebtedness may be or hereafter become barred by any statute of limitations, and whether or not such indebtedness may be or hereafter become otherwise unenforceable. The Domestic Guaranty set forth in this Article X is a guaranty of timely payment and not of collection. Notwithstanding any provision to the contrary contained herein or in any other of the Credit Documents, to the extent the obligations of a Domestic Guarantor shall be adjudicated to be invalid or unenforceable for any reason (including, without limitation, because of any applicable state or federal law relating to fraudulent conveyances or transfers) then the obligations of each such Domestic Guarantor hereunder shall be limited to the maximum amount that is permissible under applicable law (whether federal or state and including, without limitation, the Bankruptcy Code).

The Domestic Guaranty. In order to induce the Lenders to enter into this Agreement and any Hedging Agreement Provider to enter into any Secured Hedging Agreement with the Company or any of its Domestic Subsidiaries and to extend credit hereunder and thereunder, and in recognition of the direct benefits to be received by the Domestic Guarantors from the Extensions of Credit hereunder and the extensions of credit under any Secured Hedging Agreement, each of the Domestic Guarantors hereby agrees with the Administrative Agent and the Lenders as follows: each Domestic Guarantor hereby absolutely, unconditionally and irrevocably jointly and severally guarantees as primary obligor and not merely as surety the full and prompt payment when due, whether upon maturity, by required prepayment, declaration, demand, by acceleration or otherwise, of any and all indebtedness of the Company to the Administrative Agent, the Lenders and the Hedging Agreement ProvidersSecured Parties. If any or all of the indebtedness of the Company to the Administrative Agent and the Lenders becomes due and payable hereunder, each Domestic Guarantor unconditionally promises to pay such indebtedness to the Administrative Agent, the Lenders and the Hedging Agreement ProvidersSecured Parties, or order, on demand, together with any and all reasonable expenses which may be incurred by the Administrative Agent, the Lenders or the Hedging Agreement Providers Secured Parties in collecting any of the indebtedness. The word “indebtedness” is used in this Article ARTICLE X in its most comprehensive sense and includes any and all advances, debts, obligations and liabilities of the Company, including all Credit Party Obligations of the Company, arising in connection with this Agreement, the other Credit Documents or any Secured Hedging Agreement, in each case, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not such indebtedness is from time to time reduced, or extinguished and thereafter increased or incurred, whether the Company may be liable individually or jointly with others, whether or not recovery upon such indebtedness may be or hereafter become barred by any statute of limitations, and whether or not such indebtedness may be or hereafter become otherwise unenforceable. Each Domestic Guarantor understands, agrees and confirms that the Secured Parties may enforce this Domestic Guaranty up to the full amount of all indebtedness of the Company against such Domestic Guarantor without proceeding against any other Domestic Guarantor, the Company or any other Domestic Guaranteed Party, or against any security for all indebtedness of the Company, or under any other guaranty covering all or a portion of all indebtedness of the Company. The Domestic Guaranty set forth in this Article ARTICLE X is a guaranty of timely payment and not of collection. Notwithstanding any provision to the contrary contained herein or in any other of the Credit Documents, to the extent the obligations of a Domestic Guarantor shall be adjudicated to be invalid or unenforceable for any reason (including, without limitation, because of any applicable state or federal law relating to fraudulent conveyances or transfers) then the obligations of each such Domestic Guarantor hereunder shall be limited to the maximum amount that is permissible under applicable law (whether federal or state and including, without limitation, the Bankruptcy Code) (it being understood that it is the intention of the parties to this Domestic Guaranty that, to the maximum extent permitted under applicable laws, the liabilities in respect of the guarantees of the Existing Senior Notes 2007, the Senior Notes and the Convertible Notes and any other indebtedness for borrowed money, shall not be included for the foregoing purposes and that, if any reduction is required to the amount guaranteed by any Domestic Guarantor hereunder and with respect to the Existing Senior Notes 2007, the Senior Notes, the Convertible Notes or any other indebtedness for borrowed money, that its guarantee of amounts owing in respect of the Existing Senior Notes 2007, the Senior Notes, the Convertible Notes or any other indebtedness for borrowed money, as the case may be, shall first be reduced).

The Domestic Guaranty. In order to induce the Lenders to enter into this Agreement and any Hedging Agreement Provider to enter into any Secured Hedging Agreement with the Company or any of its Domestic Subsidiaries and to extend credit hereunder and thereunderhereunder, and in recognition of the direct benefits to be received by the Domestic Guarantors from the Extensions of Credit hereunder and the extensions of credit under any Secured Hedging AgreementRevolving Loans hereunder, each of the Domestic Guarantors hereby agrees with the Administrative Agent and the Lenders as follows: each Domestic Guarantor hereby unconditionally and irrevocably jointly and severally guarantees as primary obligor and not merely as surety the full and prompt payment when due, whether upon maturity, by acceleration or otherwise, of any and all indebtedness of the Company U.S. Borrowers to the Administrative Agent, the Lenders and the Hedging Agreement ProvidersLenders. If any or all of the indebtedness of the Company U.S. Borrowers to the Administrative Agent and the Lenders becomes due and payable hereunder, each Domestic Guarantor unconditionally promises to pay such indebtedness to the Administrative Agent, the Lenders Agent and the Hedging Agreement ProvidersLenders, or order, on demand, together with any and all reasonable expenses which may be incurred by the Administrative Agent, or the Lenders or the Hedging Agreement Providers in collecting any of the indebtedness. The word “indebtedness” is used in this Article X Section 14 in its most comprehensive sense and includes any and all advances, debts, obligations and liabilities of the CompanyU.S. Borrowers, including all Credit Party Obligations of the CompanyU.S. Obligations, arising in connection with this Agreement, or the other Credit Documents or any Secured Hedging AgreementFinancing Agreements, in each case, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not such indebtedness is from time to time reduced, or extinguished and thereafter increased or incurred, whether the Company U.S. Borrowers may be liable individually or jointly with others, whether or not recovery upon such indebtedness may be or hereafter become barred by any statute of limitations, and whether or not such indebtedness may be or hereafter become otherwise unenforceable. The Domestic Guaranty set forth in this Article X Section 14 is a guaranty of timely payment and not of collection. Notwithstanding any provision to the contrary contained herein or in any other of the Credit DocumentsFinancing Agreements, to the extent the obligations of a Domestic Guarantor shall be adjudicated to be invalid or unenforceable for any reason (including, without limitation, because of any applicable state or federal law relating to fraudulent conveyances or transfers) then the obligations of each such Domestic Guarantor hereunder shall be limited to the maximum amount that is permissible under applicable law (whether federal or state and including, without limitation, the United States Bankruptcy Code).

The Domestic Guaranty. In order to induce the Lenders to enter into this Agreement and any Hedging Agreement Provider to enter into any Secured Hedging Agreement with the Company or any of its Domestic Subsidiaries and to extend credit hereunder and thereunder, and in recognition of the direct benefits to be received by the Domestic Guarantors from the Extensions of Credit hereunder and the extensions of credit under any Secured Hedging Agreement, each of the Domestic Guarantors hereby agrees with the Administrative Agent and the Lenders as follows: each Domestic Guarantor hereby absolutely, unconditionally and irrevocably jointly and severally guarantees as primary obligor and not merely as surety the full and prompt payment when due, whether upon maturity, by required prepayment, declaration, demand, by acceleration or otherwise, of any and all indebtedness of the Company to the Administrative Agent, the Lenders and the Hedging Agreement ProvidersSecured Parties. If any or all of the indebtedness of the Company to the Administrative Agent and the Lenders becomes due and payable hereunder, each Domestic Guarantor unconditionally promises to pay such indebtedness to the Administrative Agent, the Lenders and the Hedging Agreement ProvidersSecured Parties, or order, on demand, together with any and all reasonable expenses which may be incurred by the Administrative Agent, the Lenders or the Hedging Agreement Providers Secured Parties in collecting any of the indebtedness. The word “indebtedness” is used in this Article ARTICLE X in its most comprehensive sense and includes any and all advances, debts, obligations and liabilities of the Company, including all Credit Party Obligations of the Company, arising in connection with this Agreement, the other Credit Documents or any Secured Hedging Agreement, in each case, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily, absolute or contingent, liquidated or unliquidated, determined or undetermined, whether or not such indebtedness is from time to time reduced, or extinguished and thereafter increased or incurred, whether the Company may be liable individually or jointly with others, whether or not recovery upon such indebtedness may be or hereafter become barred by any statute of limitations, and whether or not such indebtedness may be or hereafter become otherwise unenforceable. Each Domestic Guarantor understands, agrees and confirms that the Secured Parties may enforce this Domestic Guaranty up to the full amount of all indebtedness of the Company against such Domestic Guarantor without proceeding against any other Domestic Guarantor, the Company or any other Domestic Guaranteed Party, or against any security for all indebtedness of the Company, or under any other guaranty covering all or a portion of all indebtedness of the Company. The Domestic Guaranty set forth in this Article ARTICLE X is a guaranty of timely payment and not of collection. Notwithstanding any provision to the contrary contained herein or in any other of the Credit Documents, to the extent the obligations of a Domestic Guarantor shall be adjudicated to be invalid or unenforceable for any reason (including, without limitation, because of any applicable state or federal law relating to fraudulent conveyances or transfers) then the obligations of each such Domestic Guarantor hereunder shall be limited to the maximum amount that is permissible under applicable law (whether federal or state and including, without limitation, the Bankruptcy Code) (it being understood that it is the intention of the parties to this Domestic Guaranty that, to the maximum extent permitted under applicable laws, the liabilities in respect of the guarantees of the Existing Convertible Notes and the Senior Secured Notes and any other indebtedness for borrowed money, shall not be included for the foregoing purposes and that, if any reduction is required to the amount guaranteed by any Domestic Guarantor hereunder and with respect to the Existing Convertible Notes, the Senior Secured Notes or any other indebtedness for borrowed money, that its guarantee of amounts owing in respect of the Existing Convertible Notes, the Senior Secured Notes or any other indebtedness for borrowed money, as the case may be, shall first be reduced).