Common use of Senior Indebtedness Clause in Contracts

Senior Indebtedness. The Obligations constitute “Senior Indebtedness” (or similar term), “Guarantor Senior Debt” (or similar term) and “Designated Senior Indebtedness” (or similar term) of the Borrowers under their Subordinated Debt Documents (if any).

Senior Indebtedness. The Obligations shall constitute “Senior Indebtedness” (or similar term), “Guarantor Senior Debt” (or similar equivalent term) and the Obligations shall be “Designated Senior Indebtedness” (or similar equivalent term) of the Borrowers under their all Subordinated Debt Documents (if any)including, without limitation, the Senior Subordinated Notes) of any Credit Party.

Senior Indebtedness. The Obligations constitute “Senior Indebtedness,” (or similar term), “Guarantor Senior Debt” (or similar term) and “Designated Senior Indebtedness” (or any similar designation under and as defined in any agreement governing any Subordinated Indebtedness and the subordination provisions set forth in each such agreement are legally valid and enforceable against the Loan Parties party thereto except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar term) of the Borrowers under their Subordinated Debt Documents (if any)laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Senior Indebtedness. The Obligations shall constitute “Senior Indebtedness” (or similar term), “Guarantor Senior Debt” (or similar equivalent term) and the Obligations shall be “Designated Senior Indebtedness” (or similar equivalent term) under all Subordinated Indebtedness of the Borrowers under their Subordinated Debt Documents (if any)any Loan Party.

Senior Indebtedness. The Obligations constitute are “Senior Debt,” “Senior Indebtedness,” “Guarantor Senior Indebtedness” or “Senior Secured Financing” (or similar term), “Guarantor Senior Debt” (or similar comparable term) under, and “Designated Senior Indebtedness” (as defined in, any indenture or similar term) document governing any Subordinated Indebtedness of the Borrowers under their Subordinated Debt Documents (if any)any Credit Party.

Senior Indebtedness. The Obligations constitute “Senior Indebtedness” (or similar term), “Guarantor Senior Debt” (or similar term) and “Designated Senior Indebtedness” (or similar term) of the Borrowers under their Subordinated Debt Documents (if any).

Senior Indebtedness. The Obligations constitute “Senior Indebtedness,” (or similar term), “Guarantor Senior Debt” (or similar term) and “Designated Senior Indebtedness” (or any similar designation under and as defined in any agreement governing any Subordinated Indebtedness and the subordination provisions set forth in each such agreement are legally valid and enforceable against the Credit Parties party thereto except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar term) of the Borrowers under their Subordinated Debt Documents (if any)laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Senior Indebtedness. The Obligations constitute “are hereby designated as "Senior Indebtedness” (or similar term), “Guarantor Senior Debt” (or similar term) " and “"Designated Senior Indebtedness” " for the purposes of and as defined in the Subordinated Indenture. The Borrower shall take all additional actions that may be necessary for the Obligations to continue at all times to constitute "Senior Indebtedness" and "Designated Senior Indebtedness" (or similar termto the extent applicable) under all Subordinated Indebtedness and otherwise be entitled to all the benefits of the Borrowers any Senior Indebtedness under their all Subordinated Debt Documents (if any)Indebtedness.

Senior Indebtedness. The Obligations constitute “Senior Indebtednesssenior debt,” “senior indebtedness,” “designated senior debt”, “guarantor senior debt” or “senior secured financing” (or similar term), “Guarantor Senior Debt” (or similar term) and “Designated Senior Indebtedness” (or similar any comparable term) of the Borrowers each Loan Party party thereto under their Subordinated Debt Documents (if any)and as defined in any definitive documentation governing any senior subordinated or subordinated Indebtedness.

Senior Indebtedness. The Obligations constitute “Senior Indebtednesssenior debt,” “senior indebtedness,” “designated senior debt,” “guarantor senior debt” or “senior secured financing” (or similar term), “Guarantor Senior Debt” (or similar term) and “Designated Senior Indebtedness” (or similar any comparable term) of each Credit Party with respect to any Indebtedness of the Borrowers under their Subordinated Debt Documents (if any)Borrower or any Subsidiary that is, or that is required to be, subordinated in payment or lien priority to the Obligations.

Senior Indebtedness. The Obligations constitute “Senior Indebtednesssenior debt,” “senior indebtedness,” “designated senior debt,” “guarantor senior debt” or “senior secured financing” (or similar term), “Guarantor Senior Debt” (or similar term) and “Designated Senior Indebtedness” (or similar any comparable term) of the Borrowers under their each Loan Party with respect to any Subordinated Debt Documents (if any)Indebtedness.

Senior Indebtedness. The Obligations constitute “Senior Indebtednesssenior debt,” “senior indebtedness,” “designated senior debt,” “guarantor senior debt” or “senior secured financing” (or similar term), “Guarantor Senior Debt” (or similar term) and “Designated Senior Indebtedness” (or similar any comparable term) of the Borrowers under their Subordinated Debt Documents (each Credit Party with respect to any Indebtedness of Borrower or any Subsidiary, if any), that is, or that is required to be, subordinated in payment or lien priority to the Obligations.

Senior Indebtedness. The Obligations constitute “Senior Indebtednesssenior debt,” “senior indebtedness,” “designated senior debt,” “guarantor senior debt” or “senior secured financing” (or similar term), “Guarantor Senior Debt” (or similar any comparable term) of each Loan Party under and as defined in any documentation relating to any Junior Financing. In furtherance of the foregoing, the parties hereto agree that the Obligations of the Borrower shall be “Designated Senior Indebtedness” (or similar term) for purposes of the Borrowers under their Subordinated Debt Documents (if any)indenture governing the 2023 Convertible Notes.

Senior Indebtedness. The Obligations constitute “Senior Indebtednesssenior debt,” “senior indebtedness,” “designated senior debt”, “guarantor senior debt” or “senior secured financing” (or similar term), “Guarantor Senior Debt” (or similar term) and “Designated Senior Indebtedness” (or similar any comparable term) of the Borrowers each Credit Party under their Subordinated Debt Documents (if any)and as defined in any Junior Financing Documentation.

Senior Indebtedness. The Obligations constitute are “Designated Senior Debt”, “Senior Debt”, “Senior Indebtedness” (or similar term)”, “Guarantor Senior Debt” (or similar term) and “Designated Senior IndebtednessFinancing” (or similar any comparable term) under, and as defined in, any indenture, instrument or document governing any Indebtedness of any Loan Party subordinated to the Borrowers under their Subordinated Debt Documents (if any).Obligations. 68208499_3

Senior Indebtedness. The Obligations constitute are “Designated Senior Debt”, “Senior Debt”, “Senior Indebtedness” (or similar term)”, “Guarantor Senior Debt” (or similar term) and “Designated Senior IndebtednessFinancing” (or similar any comparable term) under, and as defined in, any indenture, instrument or document governing any Indebtedness of any Loan Party subordinated to the Borrowers under their Subordinated Debt Documents (if any).Obligations. 67484784_12

Senior Indebtedness. The Obligations constitute “are "Designated Senior Debt" within the meaning for that term described in the Senior Subordinated Notes and shall be "Senior Indebtedness” (or similar term), “Guarantor Senior Debt” (or similar term) and “Designated Senior Indebtedness” (or similar term) of the Borrowers under their " with respect to all other Subordinated Debt Documents (if any)Obligations.

Senior Indebtedness. The Obligations constitute are “Designated Senior Debt”, “Senior Debt”, “Senior Indebtedness” (or similar term)”, “Guarantor Senior Debt” (or similar term) and “Designated Senior IndebtednessFinancing” (or similar any comparable 68208499_7 term) under, and as defined in, any indenture, instrument or document governing any Indebtedness of any Loan Party subordinated to the Borrowers under their Subordinated Debt Documents (if any)Obligations.

Senior Indebtedness. The Obligations constitute are “Designated Senior Debt”, “Senior Debt”, “Senior Indebtedness” (or similar term)”, “Guarantor Senior Debt” (or similar term) and “Designated Senior IndebtednessFinancing” (or similar any comparable term) under, and as defined in, any indenture, instrument or document governing any Indebtedness of any Loan Party subordinated to the Borrowers under their Subordinated Debt Documents (if any).Obligations. 67501104_3

Senior Indebtedness. The Obligations shall at all times constitute “Senior Indebtedness” (or similar term), “Guarantor Senior Debt” (or similar any comparable term) and “Designated Senior IndebtednessDebt” (or similar any comparable term) of the Borrowers under their Subordinated Debt Documents (if any)applicable) under and as defined in the documentation governing any Junior Debt.

Senior Indebtedness. The Obligations constitute “Senior Indebtednesssenior debt,” “senior indebtedness,” “designated senior debt,” “guarantor senior debt” or “senior secured financing” (or similar term), “Guarantor Senior Debt” (or similar term) and “Designated Senior Indebtedness” (or similar any comparable term) of the Borrowers each Loan Party under their and as defined in any documentation with respect to Subordinated Debt Documents (if any)Indebtedness.