Common use of Classification of Senior Indebtedness Clause in Contracts

Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement governing any Subordinated Debt and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.

Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement governing any Subordinated Debt and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.

Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, ,” “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement governing any Subordinated Debt and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.

Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement governing any Subordinated Debt (including, without limitation, the Existing Subordinated Notes) and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.

Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement governing any Subordinated Debt and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties theretoDebt.

Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, ” and “Designated Senior IndebtednessDebt” or any similar designation under and as defined in any agreement governing any Subordinated Debt Debt, including, without limitation, the Senior Subordinated Notes, and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.

Classification of Senior Indebtedness. The If any Subordinated Debt is outstanding, the Credit Party Obligations constitute “Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement governing any Subordinated Debt Debt, if any and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.

Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement governing any Subordinated Debt and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.. Confidential Materials Omitted and Filed Separately with the Securities and Exchange Commission Pursuant to a Request for Confidential Treatment under Rule 406 under the Securities Act of 1933, as amended. Confidential Portions are marked: [***]

Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement governing any Subordinated Debt and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.

Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement governing any Subordinated Debt Indebtedness and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.

Classification of Senior Indebtedness. The Credit Party Obligations constitute “"Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation " under and as defined in any agreement governing any Subordinated Debt (including, without limitation, the Existing Subordinated Notes and the New Convertible Notes) and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.

Classification of Senior Indebtedness. The Credit Party Obligations constitute “"Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation " under and as defined in any agreement governing any Subordinated Debt and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.

Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement governing any Subordinated Debt and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).

Classification of Senior Indebtedness. The Credit Party Obligations constitute “"Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation " under and as defined in any agreement governing any Subordinated Debt Debt, including, without limitation, the High Yield Notes, and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.

Classification of Senior Indebtedness. The Credit Party Obligations constitute “Senior Indebtedness”, Debt” and/or “Designated Senior IndebtednessDebt” or any similar designation under and as defined in any agreement governing any the Subordinated Debt and Note Documents, the subordination provisions set forth in each such agreement therein are legally valid and enforceable against the parties theretothereto and the Lenders are entitled to rely on such subordination provisions.