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<br />meanings ascribed thereto in the Indenture. References in this Deed of Trust to the "Default
<br />Rate" shall mean the rate of interest applicable to default advances or other defaulted amounts
<br />payable under the Indenture.
<br />C. Pursuant to the Indenture, the Grantor has executed and delivered that certain
<br />Subsidiary Guarantee dated as of February 17, 2010, made by and among Grantor and the other
<br />guarantors from time to time parties thereto in favor of the Administrative Agent, the
<br />Noteholders, and the Indenture Trustee, (as the same may be amended, restated, replaced,
<br />supplemented, substituted, or otherwise modified from time to time, the "Guarantee").
<br />D. Pursuant to the Indenture, Grantor has executed and delivered this Deed of Trust
<br />for the benefit of the Administrative Agent, the Indenture Trustee, and the Noteholders and such
<br />other parties designated in the Indenture from time to time as holding Obligations (defined
<br />below).
<br />Now, Therefore, in consideration of the premises, Grantor hereby agrees as follows:
<br />Grantine Clauses
<br />For good and valuable consideration, the receipt and sufficiency of which are hereby
<br />acknowledged, and in order to secure the following obligations (collectively, the "Obligations'):
<br />(a) the due and punctual payment and performance by Grantor of all its
<br />obligations and liabilities, whether direct or indirect, absolute or
<br />contingent, due or to become due, or now existing or hereafter incurred,
<br />which may arise under, out of or otherwise in connection with the
<br />Transaction Documents (as such term is defined below);
<br />(b) the payment of all other obligations and liabilities of Grantor, whether
<br />direct or indirect, absolute or contingent, due or to become due, or now
<br />existing or hereafter incurred, which may arise under, out of, or in
<br />connection with, this Deed of Trust or any other document securing
<br />payment of the Obligations (collectively, the "Security Documents"), any
<br />other financial accommodation (including, without limitation, any interest
<br />rate swap, cap, collar, floor or similar derivative product) that is
<br />designated pursuant to the Indenture as being secured by this Deed of
<br />Trust, any Environmental Indemnity Agreement, any other guarantee of
<br />the Obligations, or any other Transaction Document, and any
<br />amendments, supplements, extensions, renewals, restatements,
<br />replacements or modifications of any of the foregoing (the Indenture, the
<br />Guarantee, this Deed of Trust, the Notes, and the other Security
<br />Documents and all other documents and instruments from time to time
<br />evidencing (including, without limitation, all Indenture Documents (as
<br />defined in the Indenture)), securing or guaranteeing the payment and
<br />performance of the Obligations, as any of the same may be amended,
<br />supplemented, extended, renewed, restated, replaced or modified from
<br />time to time, are collectively referred to as the "Transaction Documents"),
<br />
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