Subsidiary Guarantor definition
Examples of Subsidiary Guarantor in a sentence
The Issuers and the Company will not, and the Company will not permit any Subsidiary Guarantor to, directly or indirectly, incur any Indebtedness that is contractually subordinated in right of payment to any other Indebtedness of the Company, the Issuers or of such Subsidiary Guarantor, as the case may be, unless such Indebtedness is also contractually subordinated in right of payment to the Notes and the applicable Guarantee on substantially the same terms.
Parent may elect, in its sole discretion, to cause any Subsidiary that is not otherwise required to be a Subsidiary Guarantor to become a Subsidiary Guarantor.
Notwithstanding the foregoing, the requirements of Section 5.01(b) will not apply to any transaction pursuant to which such Subsidiary Guarantor is automatically released from its Note Guarantee in accordance with the provisions described under Section 10.04.
Except as set forth in Articles 4 and 5 hereof, and notwithstanding clauses (2)(A) and (B) of Section 10.04(d), nothing contained in this Indenture or in any of the Notes will prevent any consolidation or merger of a Subsidiary Guarantor with or into the Company or another Guarantor, or will prevent any sale or conveyance of the property of a Subsidiary Guarantor as an entirety or substantially as an entirety to the Company or another Guarantor.