Common use of Designation as Senior Debt Clause in Contracts

Designation as Senior Debt. Each Borrower shall, and shall cause all of its Restricted Subsidiaries to ensure that the Obligations under this Agreement are and at all times remain “senior debt,” “senior indebtedness,” “guarantor senior debt,” “senior secured financing” and “designated senior indebtedness” (or any comparable term) under the documentation for all Indebtedness that is subordinated in right of payment to the Obligations (if applicable).

Designation as Senior Debt. Each Borrower shall, and shall cause all of its Restricted Subsidiaries to ensure that the Obligations under this Agreement are and at all times remain “senior debt,” “senior indebtedness,” “guarantor senior debt,” “senior secured financing” and “designated senior indebtedness” (or any comparable term) under the documentation for all Indebtedness that is subordinated in right of payment to the Obligations (if applicable).. (l)

Designation as Senior Debt. Each Borrower shall, and following the Spin-Off shall cause all each of its Restricted Subsidiaries to ensure that the to, designate all Obligations under this Agreement are and at all times remain as “senior debt,” “senior indebtedness,” “guarantor senior debt,” “senior secured financingSenior Indebtedness” and “designated senior indebtednessDesignated Senior Indebtedness” (or as a similar term or designation for purposes of and as defined in, any comparable term) under the documentation for all Indebtedness that is with respect to any subordinated in right of payment to the Obligations (if applicable)Indebtedness.

Designation as Senior Debt. Each Borrower shallof the Loan Parties shall cause the Obligations to be designated as “Designated Senior Indebtedness” under, and shall cause all of its Restricted Subsidiaries to ensure that as defined in, the Obligations under this Agreement are and at all times remain “senior debt,” “senior indebtedness,” “guarantor senior debt,” “senior secured financing” and “designated senior indebtedness” (or any comparable term) under the documentation for all Indebtedness that is subordinated in right of payment governing documents with respect to the Obligations 2027 Convertible Notes (if applicableas in effect from time to time).

Designation as Senior Debt. Each Borrower shallof the Loan Parties shall cause the Obligations to be designated as "Designated Senior Indebtedness" under, and shall cause all of its Restricted Subsidiaries to ensure that as defined in, the Obligations under this Agreement are and at all times remain “senior debt,” “senior indebtedness,” “guarantor senior debt,” “senior secured financing” and “designated senior indebtedness” (or any comparable term) under the documentation for all Indebtedness that is subordinated in right of payment governing documents with respect to the Obligations 2027 Convertible Notes (if applicableas in effect from time to time).

Designation as Senior Debt. Each Borrower Obligor shall, and shall cause all each of its Restricted Subsidiaries to which is an Obligor to, ensure that the all Note Obligations under this Agreement are designated as “Senior Indebtedness” of and are at least pari passu with all times remain “senior debt,” “senior indebtedness,” “guarantor senior debt,” “senior secured financing” unsecured debt of such Obligor and “designated senior indebtedness” (or any comparable term) under the documentation for all Indebtedness that is subordinated in right of payment to the Obligations (if applicable)each such Subsidiary.