Common use of Designated Senior Indebtedness Clause in Contracts

Designated Senior Indebtedness. The Loan Documents and all of the Obligations have been deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been to be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been to be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Loan Documents and all of the Obligations have been shall be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, thereof for purposes of any other Indebtedness of the Loan PartiesBorrower.

Designated Senior Indebtedness. The Indebtedness under the Loan Documents and all other Obligations constitute “senior indebtedness” as defined under any Material Debt Documents with respect to Material Debt that is subordinated in right of payment to the Obligations have been deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan PartiesObligations.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been (other than any such Obligations arising in connection with Cash Management Services) to be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Indebtedness under the Loan Documents and all of the other Obligations have been deemed constitute (i) “Senior Indebtedness” and “Designated Senior Indebtedness” or a similar concept theretounder the Senior Subordinated Notes Indenture and the Convertible Notes Indenture, if applicablerespectively, for purposes of and (ii) senior indebtedness as defined in terms analogous to the foregoing terms under any other Indebtedness Material Debt Documents with respect to Material Debt that is subordinated in right of payment to the Loan PartiesObligations.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the applicable Obligations have been to be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Permitted Subordinated Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Loan Documents and all of the Obligations have been shall be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, thereof for purposes of any other subordinated Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Loan Documents and all of the Obligations have been shall be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, thereof for purposes of any other Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been (other than any such Obligations arising in connection with Bank Services) to be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been to be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, thereto for purposes of any other Indebtedness for borrowed money of the Loan Parties, to the extent that the agreements governing such other Indebtedness includes such concept.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been to be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, thereof for purposes of any other Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Loan Documents and all of the Obligations have been deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.. 4.23

Designated Senior Indebtedness. The Loan Documents and all of the Obligations have been deemed “Designated Senior Indebtedness” or a similar concept theretothereof, if applicable, for purposes of any other Indebtedness of the Loan PartiesParties that is contractually subordinated to the Obligations.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been (other than any such Obligations arising in connection with Bank Services, FX Contracts and Specified Swap Agreements) to be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been (other than any such Obligations arising in connection with Bank Services and FX Contracts) to be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been to be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other subordinated Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been to be deemed “Designated Senior Indebtedness” or a concept similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.. 6.15

Designated Senior Indebtedness. The Loan Documents and all of the Obligations have been deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness (to the extent constituting borrowed money) of the Loan Parties.

Designated Senior Indebtedness. The Loan Documents and all of the Obligations have been shall be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, thereof for purposes of any other Subordinated Indebtedness (if such concept is applicable therein) of the Loan Parties.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been to be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, thereof for purposes of any other subordinated Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Loan Documents Documents, solely as they relate to the Senior Bank Facilities, and all of the Obligations have been related to the Senior Bank Facilities shall be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, thereof for purposes of any other Indebtedness of the Loan PartiesBorrower.

Designated Senior Indebtedness. The Loan Documents and all of the Obligations have been deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Permitted Subordinated Indebtedness of the Loan Parties, including the Term Loan.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been to be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, thereto for purposes of any other Indebtedness for borrowed money of the Loan Parties., to the extent that the agreements governing such other Indebtedness includes such concept. 6.15

Designated Senior Indebtedness. The Loan Documents and all of the Obligations have been deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, thereto for purposes of any other Indebtedness for borrowed money of the Loan Parties, to the extent that the agreements governing such other Indebtedness includes such concept.

Designated Senior Indebtedness. The Loan Documents and all of the Obligations have been deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Subordinated Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been to be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.. 6.16

Designated Senior Indebtedness. The Loan Documents and all of the Obligations have been deemed “"Designated Senior Indebtedness” " or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Loan Documents and all of the Obligations have been deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of under and as defined in any other Indebtedness of the Loan PartiesSubordinated Debt Documents.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been to be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan PartiesSubordinated Debt Documents.

Designated Senior Indebtedness. 5.14 The Loan Documents and all of the Obligations have been shall be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, thereof for purposes of any other Indebtedness of the Loan PartiesBorrower.

Designated Senior Indebtedness. The Loan Documents (other than the Warrant) and all of the Obligations have been deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been to be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Subordinated Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been (other than Obligations arising in connection with Bank Services) to be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Cause the Loan Documents (other than the Warrant) and all of the Obligations have been to be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Loan Documents and all of the Obligations have been deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Permitted Subordinated Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Loan Documents and all of the Obligations have been deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.. 4.23 [Reserved]. 4.24

Designated Senior Indebtedness. The Without any obligation to enter into any subordination agreement, treat the Loan Documents and all of the Obligations have been deemed as “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any indebtedness of any Loan Party for borrowed money or any obligations of any Loan Party evidenced by notes, bonds, debentures or other Indebtedness of the Loan Partiessimilar instruments.

Designated Senior Indebtedness. The Loan Documents and all of the Obligations have been deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.. 81 US-DOCS\135452008.17

Designated Senior Indebtedness. The Loan Documents and all of the Obligations have been shall be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, thereof for purposes of any other Indebtedness of the Loan PartiesBorrower, including Borrower’s 4% Convertible Subordinated Notes due 2011.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been to be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, thereof for purposes of any other Indebtedness of the Loan PartiesBorrower.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been to be deemed “"Designated Senior Indebtedness” " or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Loan Documents and all of the Obligations have been deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any indebtedness of any Loan Party for borrowed money or any obligations of any Loan Party evidenced by notes, bonds, debentures or other Indebtedness of the Loan Partiessimilar instruments.

Designated Senior Indebtedness. The Loan Documents and all of the Obligations have been deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties, if applicable.

Designated Senior Indebtedness. The Loan Documents This Agreement and all of the applicable Obligations have been deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Permitted Subordinated Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been (other than any such Obligations arising in connection with Cash Management Services) to be deemed “Designated Senior Indebtedness” or a similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.. 6.16

Designated Senior Indebtedness. The Loan Documents Borrower has designated and all does hereby designate the Obligations as “senior obligations,” “senior indebtedness” or similar designation in connection with any Subordinated Obligations of the Obligations have been deemed “Designated Senior Indebtedness” or a similar concept thereto, if Borrower to the extent applicable, for purposes of any other Indebtedness of the Loan Parties.

Designated Senior Indebtedness. The Cause the Loan Documents and all of the Obligations have been to be deemed “Designated Senior Indebtedness” or a concept similar concept thereto, if applicable, for purposes of any other Indebtedness of the Loan Parties.