Common use of Senior Indebtedness Clause in Contracts

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

Senior Indebtedness. The Obligations shall constitute “Senior Indebtedness,” (or equivalent term) and the Obligations shall be “Designated Senior Indebtedness” (or equivalent term) any similar designation under all and as defined in any agreement governing any Subordinated Debt (includingIndebtedness 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, without limitationinsolvency, the Senior Subordinated Notes) of any Credit Partyreorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Senior Indebtedness. The Obligations shall constitute Senior Debt,” “Senior Indebtedness,” “Guarantor Senior Debt” or “Senior Secured Financing” (or equivalent term) and the Obligations shall be “Designated Senior Indebtedness” (or equivalent any comparable term) under all Subordinated Debt (including, without limitation, the Senior Subordinated Notes) of any Credit PartyNotes Documents.

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

Senior Indebtedness. The Obligations shall constitute “Senior Indebtedness,” (or equivalent term) and the Obligations shall be “Designated Senior Indebtedness” (or equivalent term) any similar designation under all and as defined in any agreement governing any Subordinated Debt (includingIndebtedness 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, without limitationinsolvency, the Senior Subordinated Notes) of any Credit Partyreorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability.

Senior Indebtedness. The Obligations shall constitute “Senior Indebtednesssenior debt,” “senior indebtedness,” “designated senior debt,” “guarantor senior debt” or “senior secured financing” (or equivalent any comparable term) and the Obligations shall be “Designated Senior Indebtedness” (or equivalent term) under all Subordinated Debt (including, without limitation, the Senior Subordinated Notes) of each Loan Party with respect to any Credit Party.Junior Financing. 5.22

Senior Indebtedness. The Obligations shall constitute “Senior Indebtednesssenior debt,” “senior indebtedness,” “designated senior debt”, “guarantor senior debt” or “senior secured financing” (or equivalent any comparable term) of each Loan Party party thereto under and the Obligations shall be “Designated Senior as defined in any definitive documentation governing any senior subordinated or subordinated Indebtedness” (or equivalent term) under all Subordinated Debt (including, without limitation, the Senior Subordinated Notes) of any Credit Party.

Senior Indebtedness. The Obligations shall constitute “are hereby designated as "Senior Indebtedness” (or equivalent term) " and the Obligations shall be “"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 equivalent termto the extent applicable) under all Subordinated Debt (including, without limitation, Indebtedness and otherwise be entitled to all the Senior Subordinated Notes) benefits of any Credit PartySenior Indebtedness under all Subordinated Indebtedness.

Senior Indebtedness. The Obligations shall constitute “Senior Indebtednesssenior debt,” “senior indebtedness,” “designated senior debt,” “guarantor senior debt” or “senior secured financing” (or equivalent any comparable term) and of each Credit Party with respect to any Indebtedness of the Obligations shall be “Designated Senior Indebtedness” (Borrower or equivalent term) under all Subordinated Debt (includingany Subsidiary that is, without limitationor that is required to be, subordinated in payment or lien priority to the Senior Subordinated Notes) of any Credit PartyObligations.

Senior Indebtedness. The Obligations shall constitute “Senior Indebtednesssenior debt,” “senior indebtedness,” “designated senior debt,” “guarantor senior debt” or “senior secured financing” (or equivalent 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 equivalent term) under all Subordinated Debt (including, without limitation, for purposes of the Senior Subordinated indenture governing the 2023 Convertible Notes) of any Credit Party.

Senior Indebtedness. The Obligations shall constitute are “Designated Senior Debt”, “Senior Debt”, “Senior Indebtedness”, “Guarantor Senior Debt” or “Senior Financing” (or equivalent any comparable term) under, and the Obligations shall be “Designated Senior Indebtedness” (as defined in, any indenture, instrument or equivalent term) under all Subordinated Debt (including, without limitation, the Senior Subordinated Notes) document governing any Indebtedness of any Credit Party.Loan Party subordinated to the Obligations. 67484784_12

Senior Indebtedness. The Obligations shall at all times constitute “Senior Indebtedness” (or equivalent any comparable term) and the Obligations shall be “Designated Senior IndebtednessDebt” (or equivalent any comparable term) (if applicable) under all Subordinated Debt (including, without limitation, and as defined in the Senior Subordinated Notes) of documentation governing any Credit PartyJunior Debt.

Senior Indebtedness. The Each Credit Party hereby designates that the Obligations shall constitute “Senior Indebtedness” (or equivalent term) and the Obligations shall be “Designated Senior Indebtedness” (or equivalent term) under all and for purposes of the Senior Subordinated Debt (including, without limitation, Note Indentures relating to the Senior Subordinated Notes) of any Credit Party.”

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

Senior Indebtedness. The Obligations shall constitute “Senior Indebtednesssenior debt,” “senior indebtedness,” “designated senior debt,” “guarantor senior debt” or “senior secured financing” (or equivalent any comparable term) and of 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 shall be “Designated Senior Indebtedness” (or equivalent term) under all Subordinated Debt (including, without limitation, the Senior Subordinated Notes) of any Credit PartyObligations.

Senior Indebtedness. The Obligations shall constitute are “Senior Debt,” “Senior Indebtedness,” “Guarantor Senior Indebtedness” or “Senior Secured Financing” (or equivalent comparable term) under, and the Obligations shall be “Designated Senior Indebtedness” (as defined in, any indenture or equivalent term) under all document governing any Subordinated Debt (including, without limitation, the Senior Subordinated Notes) Indebtedness of any Credit Party.

Senior Indebtedness. The Obligations shall constitute “Senior Debt” or “Senior Indebtedness”, as applicable, and “Designated Senior Debt” (or equivalent term) and the Obligations shall be “Designated Senior Indebtedness” (or equivalent term) under all Subordinated Debt (including”, without limitationas applicable, under, and as defined in, and for the purposes of, the Senior Existing Subordinated Notes) of any Credit PartyNotes Indentures.

Senior Indebtedness. The Obligations shall constitute “Senior Debt” or “Senior Indebtedness”, as applicable, and “Designated Senior Debt” (or equivalent term) and the Obligations shall be “Designated Senior Indebtedness” (or equivalent term) ”, as applicable, under all Subordinated Debt (includingand as defined in, without limitationand for the purposes of, the Senior Existing Subordinated Notes) of any Credit Party.Notes Indentures. 130

Senior Indebtedness. The Obligations shall constitute “Senior Indebtedness” (or equivalent term) and the Obligations shall be “Designated Senior Indebtedness” (or equivalent term) under all Subordinated Debt (including, without limitation, the Senior Subordinated Notes) of any Credit Party.. 8.19

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

Senior Indebtedness. The Obligations shall constitute “Senior Indebtednesssenior debt,” “senior indebtedness,” “designated senior debt,” “guarantor senior debt” or “senior secured financing” (or equivalent any comparable term) and the Obligations shall be “Designated Senior of each Loan Party with respect to any Subordinated Indebtedness” (or equivalent term) under all Subordinated Debt (including, without limitation, the Senior Subordinated Notes) of any Credit Party.

Senior Indebtedness. The Obligations shall constitute “Senior Indebtedness” (or equivalent term) and the Obligations shall be “are "Designated Senior Indebtedness” (or equivalent term) under all Subordinated Debt (including, without limitation, Debt" within the meaning for that term described in the Senior Subordinated Notes) of any Credit PartyNotes and shall be "Senior Indebtedness" with respect to all other Subordinated Obligations.

Senior Indebtedness. The Obligations shall constitute are “Designated Senior Debt”, “Senior Debt”, “Senior Indebtedness”, “Guarantor Senior Debt” or “Senior Financing” (or equivalent any comparable 68208499_7 term) under, and the Obligations shall be “Designated Senior Indebtedness” (as defined in, any indenture, instrument or equivalent term) under all Subordinated Debt (including, without limitation, the Senior Subordinated Notes) document governing any Indebtedness of any Credit PartyLoan Party subordinated to the Obligations.

Senior Indebtedness. The Obligations shall constitute are “Designated Senior Debt”, “Senior Debt”, “Senior Indebtedness”, “Guarantor Senior Debt” or “Senior Financing” (or equivalent any comparable term) under, and the Obligations shall be “Designated Senior Indebtedness” (as defined in, any indenture, instrument or equivalent term) under all Subordinated Debt (including, without limitation, the Senior Subordinated Notes) document governing any Indebtedness of any Credit Party.Loan Party subordinated to the Obligations. 68208499_3

Senior Indebtedness. The To the extent any Indebtedness that, by its terms is contractually subordinated to the Obligations, is outstanding, the Loans and other Obligations shall will constitute “Senior Indebtednesssenior indebtedness,” (“designated senior indebtedness” or equivalent term) and the Obligations shall be “Designated Senior Indebtedness” (or equivalent term) under other comparable term for all Subordinated Debt (including, without limitation, the Senior Subordinated Notes) purposes of any Credit Party.such subordinated indebtedness. 123