Common use of Limitation on Senior Subordinated Indebtedness Clause in Contracts

Limitation on Senior Subordinated Indebtedness. The Company shall not Incur any Indebtedness that is subordinate in right of payment to any Senior Indebtedness unless such Indebtedness is pari passu with, or subordinated in right of payment to, the Notes and the Subsidiary Guarantors shall not Incur any Indebtedness that is subordinate in right of payment to any Senior Indebtedness unless such Indebtedness is pari passu with, or subordinated in right of payment to, the Subsidiary Guarantees; provided that the foregoing limitation shall not apply to distinctions between categories of Senior Indebtedness of the Company or the Subsidiary Guarantors that exist by reason of any Liens or Guarantees arising or created in respect of some but not all such Senior Indebtedness.

Limitation on Senior Subordinated Indebtedness. The Company shall not Incur Incur, and shall not permit nor any Subsidiary Guarantor to Incur, any Indebtedness that is subordinate in right of payment to any Senior Indebtedness of such Person unless such Indebtedness is pari passu with, or subordinated in right of payment to, the Notes and or the Note Guarantee of such Subsidiary Guarantors shall not Incur any Indebtedness that is subordinate in right of payment to any Senior Indebtedness unless such Indebtedness is pari passu withGuarantor, or subordinated in right of payment to, as the Subsidiary Guaranteescase may be; provided that the foregoing limitation shall not apply to distinctions between categories of Senior Indebtedness of the Company or the any Subsidiary Guarantors Guarantor that exist by reason of any Liens or Guarantees arising or created in respect of some but not all such Senior Indebtedness.

Limitation on Senior Subordinated Indebtedness. The Company shall will not Incur any Indebtedness that is expressly made subordinate in right of payment to any Senior Indebtedness of the Company unless such Indebtedness, by its terms or by the terms of any agreement or instrument pursuant to which such Indebtedness is outstanding, is expressly made pari passu with, or subordinated subordinate in right of payment to, the Notes and the Subsidiary Guarantors shall not Incur any Indebtedness that is subordinate pursuant to provisions substantially similar to those contained in right of payment to any Senior Indebtedness unless such Indebtedness is pari passu with, or subordinated in right of payment to, the Subsidiary GuaranteesArticle XIV; provided that the foregoing limitation shall not apply to distinctions between categories of Senior Indebtedness of the Company or the Subsidiary Guarantors that exist by reason of any Liens or Guarantees arising or created in respect of some but not all of such Senior Indebtedness.

Limitation on Senior Subordinated Indebtedness. The Company shall not Incur incur, and shall not permit nor any Subsidiary Guarantor to Incur, any Indebtedness that is subordinate in right of payment to any Senior Indebtedness of such Person unless such Indebtedness is pari passu with, or subordinated in right of payment to, the Notes and or the Note Guarantee of such Subsidiary Guarantors shall not Incur any Indebtedness that is subordinate in right of payment to any Senior Indebtedness unless such Indebtedness is pari passu withGuarantor, or subordinated in right of payment to, as the Subsidiary Guaranteescase may be; provided that the foregoing limitation shall not apply to distinctions between categories of Senior Indebtedness of the Company or the any Subsidiary Guarantors Guarantor that exist by reason of any Liens or Guarantees arising or created in respect of some but not all such Senior Indebtedness.. ARTICLE FIVE SUCCESSOR CORPORATION 64 57