Common use of Contribution Indebtedness Clause in Contracts

Contribution Indebtedness. For purposes of determining compliance with this Section 4.09, in the event that an item of Indebtedness (including Acquired Debt), Disqualified Stock or Preferred Stock meets the criteria of more than one of the categories of Permitted Debt described in clauses (1) through (23) of Section 4.09(b), or is entitled to be incurred pursuant to Section 4.09(a) hereof, the Partnership will be permitted to divide and classify (or later divide, classify or reclassify in whole or in part in its sole discretion) such item of Indebtedness, Disqualified Stock or Preferred Stock in any manner that complies with this Section 4.09 (including in part pursuant to one or more clauses and/or in part pursuant to Section 4.09(a) hereof). Any Indebtedness under the Credit Agreement on the date hereof shall be considered incurred under Section 4.09(b)(1) hereof and may not be later reclassified.

Contribution Indebtedness. For purposes of determining compliance with this Section 4.09, in the event that an item of Indebtedness (including Acquired Debt), ) or Disqualified Stock or Preferred Stock meets the criteria of more than one of the categories of Permitted Debt described in clauses (1) through (23) of this Section 4.09(b), or is entitled to be incurred pursuant to Section 4.09(a) hereof, the Partnership will be permitted to divide and classify (or later divide, classify or reclassify in whole or in part in its sole discretion) such item of Indebtedness, Indebtedness or Disqualified Stock or Preferred Stock in any manner that complies with this Section 4.09 (including in part pursuant to one or more clauses and/or in part pursuant to Section 4.09(a) hereof). Any Indebtedness under the Credit Agreement Existing ABL Facility on the date hereof shall be considered incurred under Section 4.09(b)(1) hereof and may not be later reclassifiedclassified or reclassified pursuant to Section 4.09(a) hereof.