Contingent Liabilities . Except for those Contingent Liabilities of the Co‑Borrowers owed pursuant to this Agreement or otherwise relating to Debt permitted by Section 7.01, not, and not permit any other Co-Borrower or Subsidiary to, incur any Contingent Liabilities.

Contingent Beneficiaries. A Participant may designate one or more contingent Beneficiaries to receive all or a portion of the Participant's Award in the event

Contingent Obligations. Other than Permitted Indebtedness, the Guarantor shall not create or become or be liable with respect to any Contingent Obligation.

Contingent Obligations. Neither the Company nor any of its Subsidiaries shall directly or indirectly create or become or be liable with respect to any Contingent Obligation, except: # recourse obligations resulting from endorsement of negotiable instruments for collection in the ordinary course of business; # Permitted Existing Contingent Obligations, together with replacement Contingent Obligations (on substantially similar terms as the Permitted Existing Contingent Obligations) to the extent of any Permitted Refinancing Indebtedness of the Indebtedness that was the subject of such Permitted Existing Contingent Obligations; # obligations, warranties, guarantees and indemnities, not relating to Indebtedness of any Person, which have been or are undertaken or made in the ordinary course of business and not for the benefit of or in favor of an Affiliate of the Company or such Subsidiary; # Contingent Obligations with respect to surety, appeal and performance bonds obtained by the Company or any Subsidiary in the ordinary course of business, # Contingent Obligations of the Subsidiary Guarantors under the Domestic Subsidiary Guaranty, the Foreign Subsidiary Guaranty or of a Foreign Subsidiary which provides a guarantee (including gross-up amounts for any withholding taxes or capital charges) of the Obligations (as distinguished from solely guaranteeing Drawn Foreign Amounts) under a guaranty of the Indebtedness under the agreements described in clause

Contingent Convertibility. Unless repaid pursuant to [Section 1.1.1], the outstanding principal amount of the Term Loan Advance (including, without limitation, the PIK Amount) and all accrued and unpaid interest thereon # may be converted in whole or in part into shares of Common Stock, at any time and from time to time at the election of a Conversion Right Holder in its sole discretion and without obligation to do so, (a “Voluntary Conversion”), and # shall automatically be converted in whole into shares of Common Stock upon the Price Event (a “Mandatory Conversion”), in any case in accordance with this [Section 1.2].

Contingent Indemnification. As of the related Transfer Date, no claim with respect to contingent indemnification obligations of # the related Managing Member under the related Tax Equity Opco LLC Agreement or # the related Inverted Lease Lessor under the related Master Lease Agreement has been asserted and remains outstanding.

Contingent Obligations. Neither the Company nor any of its Subsidiaries shall directly or indirectly create or become or be liable with respect to any Contingent Obligation, except: # recourse obligations resulting from endorsement of negotiable instruments for collection in the ordinary course of business; # Permitted Existing Contingent Obligations, together with replacement Contingent Obligations (on substantially similar terms as the Permitted Existing Contingent Obligations) to the extent of any Permitted Refinancing Indebtedness of the Indebtedness that was the subject of such Permitted Existing Contingent Obligations; # obligations, warranties, guarantees and indemnities, not relating to Indebtedness of any Person, which have been or are undertaken or made in the ordinary course of business and not for the benefit of or in favor of an Affiliate of the Company or such Subsidiary; # Contingent Obligations with respect to surety, appeal and performance bonds obtained by the Company or any Subsidiary in the ordinary course of business, # Contingent Obligations of the Subsidiary Guarantors under the Domestic Subsidiary Guaranty, the Foreign Subsidiary Guaranty or of a Foreign Guarantor under a guaranty of the Indebtedness under the agreements described in clause (vi) below, # Contingent Obligations of the Subsidiary Guarantors or any of the Company’s other Subsidiaries under any guaranty of the Indebtedness arising under the 2013 Senior Notes, the 2016 Senior Notes, the 2018 Senior Notes, the 2013 Note Agreement, the 2016 Senior Note Agreement, the 2018 Senior Note Agreement or any other senior (unsubordinated) credit, loan or borrowing facility or senior (unsubordinated) note purchase agreement similar in form and substance to any of the foregoing and in a principal amount equal to or greater than $50,000,000, so long as the creditors under such facility or note purchase agreement agree to be bound by the terms of the Intercreditor Agreement, # obligations arising under or related to the Loan Documents, # Contingent Obligations arising in connection with Receivables Facility Attributed Indebtedness permitted under Section 7.3(A); # Contingent Obligations of the Company or any Subsidiary arising from the guaranty of Indebtedness of the Company or any Subsidiary, as applicable, to the extent such Indebtedness was permitted pursuant to Section 7.3(A); # Contingent Obligations in respect of representations and warranties customarily given in respect of Asset Sales otherwise permitted hereunder; and # Contingent Obligations, in an aggregate amount not to exceed $200,000,000 at any time outstanding, arising as a result of the guaranty of any Indebtedness not described in [clauses (i) through (x) hereof] and otherwise permitted under Section 7.3(A).

Contingent Obligations. It shall not, and it shall ensure that each other Credit Party does not, create, incur, assume or suffer to exist any Contingent Obligations, other than in respect of the Obligations, except: # endorsements for collection or deposit in the ordinary course of business; # Contingent Obligations incurred in the ordinary course of business with respect to surety and appeal bonds, performance bonds and other similar obligations; and # Contingent Obligations arising with respect to customary indemnification obligations in favour of purchasers in connection with dispositions permitted under [Section 13.2(3), and (iv)])] Contingent Obligations described in clause (b) of the definition thereof and permitted pursuant to [Section 13.2(10)]; provided that, in any such case, such Contingent Obligations are not otherwise expressly restricted or prohibited by this Agreement.

MPT shall not be liable under this Agreement or the Tax Covenant in respect of any liability which is contingent unless and until such contingent liability becomes an actual liability and is due and payable.

Contingent Liabilities. Guarantee, endorse or become liable, directly or indirectly, contingently or otherwise, for the obligations of others (except by the endorsement of negotiable instruments payable at sight for deposit or collection) or become a party to any suretyship, guaranty or other similar type agreement, nor permit any consolidated subsidiary to do the same (except as may be provided for herein).