Common use of Status of Obligations Clause in Contracts

Status of Obligations. (a) The Loans and other Obligations are hereby designated as “Senior Debt” and as “Designated Senior Debt” under, and for purposes of, the Senior Subordinated Notes. In the event that GrafTech, a Borrower or any other Loan Party shall at any time issue or have outstanding any other subordinated Indebtedness, GrafTech and such Borrower shall take or cause such other Loan Party to take all such actions as shall be necessary to cause the Obligations to constitute senior indebtedness (however denominated) in respect of such subordinated Indebtedness and to enable the Lenders to have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Indebtedness. Without limiting the foregoing, the Obligations are hereby designated as “senior indebtedness” and as “designated senior indebtedness” under and in respect of any indenture or other agreement or instrument under which such other subordinated Indebtedness is outstanding and are further given all such other designations as shall be required under the terms of any such subordinated Indebtedness in order that the Lenders may have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Indebtedness.

Status of Obligations. (a) The Loans and other Obligations are hereby designated as “Senior Debt” and as “Designated Senior Debt” under, and for purposes of, the Senior Subordinated Notes. In the event that GrafTech, a the Borrower or any other Loan Party shall at any time issue or have outstanding any other subordinated Subordinated Indebtedness, GrafTech and such the Borrower shall take or cause such other Loan Party to take all such actions as shall be necessary to cause the Obligations to constitute senior indebtedness (however denominated) in respect of such subordinated Subordinated Indebtedness and to enable the Administrative Agent and the Lenders to have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Subordinated Indebtedness. Without limiting the foregoing, the Obligations are hereby designated as “senior indebtedness” and as “designated senior indebtedness” and words of similar import under and in respect of any indenture or other agreement or instrument under which such other subordinated Subordinated Indebtedness is outstanding and are further given all such other designations as shall be required under the terms of any such subordinated Subordinated Indebtedness in order that the Lenders may have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Subordinated Indebtedness. Notwithstanding the foregoing and for the avoidance of doubt, the Borrower shall not be required to amend or supplement the definition of “Indebtedness” or “Senior Debt” in the indenture under which any Convertible Debt Securities outstanding on the Restatement Effective Date were issued with respect to the Obligations.

Status of Obligations. (a) The Company represents, warrants and agrees that the Loans and the other Obligations are hereby designated as “Senior Debt” and as “Designated Senior Debt” under, and for purposes of, the Subordinated Convertible Debentures and the Subordinated Convertible Debentures Indenture (and, to the extent required by the Subordinated Convertible Debenture Indenture, this Agreement hereby expressly provides that the Loans and the other Obligations are to constitute “Designated Senior Debt” for purposes of the Subordinated NotesConvertible Debentures and the Subordinated Convertible Debenture Indenture). In the event that GrafTech, a Borrower the Company or any other Loan Party shall at any time issue or have outstanding any Subordinated Convertible Debentures Refinancing Indebtedness or any other subordinated Subordinated Indebtedness, GrafTech and such Borrower the Borrowers shall take or cause such other Loan Party to take all such actions as shall be necessary to cause the Loans and the other Obligations to constitute “senior indebtedness indebtedness” and “designated senior indebtedness” (however denominated) in respect of such subordinated Subordinated Indebtedness and to enable the Lenders to have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Subordinated Indebtedness. Without limiting the foregoing, the Obligations are hereby designated as “senior indebtedness” and as “designated senior indebtedness” under and in respect of any indenture or other agreement or instrument under which such other subordinated Subordinated Indebtedness is outstanding and are further given all such other designations as shall be required under the terms of any such subordinated Subordinated Indebtedness in order that the Lenders may have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Subordinated Indebtedness.

Status of Obligations. (a) The Loans and other Obligations are hereby designated as “Senior Debt”, “Senior Indebtedness” and/or “Senior Obligations” (and as “Designated Senior Debt” under, and such other equivalent term) for purposes of, of the Senior Subordinated NotesNote Documents and the Subordination Agreement. In the event that GrafTechHoldings, a the Borrower or any other Loan Party a Subsidiary Guarantor shall at any time issue or have outstanding any other subordinated Subordinated Indebtedness, GrafTech and such Holdings or the Borrower shall take take, or cause such other Loan Party Subsidiary Guarantor to take take, all such actions as shall be necessary to cause the Obligations to constitute senior indebtedness (however denominatedor such equivalent term) in respect of such subordinated Subordinated Indebtedness and to enable the Lenders Administrative Agent on behalf of the Secured Parties, and solely at the direction of the Required Lenders, to have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated IndebtednessSubordinated Indebtedness in accordance with the applicable subordination agreement. Without limiting the foregoing, the Obligations are hereby designated as “senior indebtedness” and as “designated senior indebtedness” and words of similar import under and in respect of the Subordinated Note Agreement, any indenture or other agreement or instrument under which such other subordinated Subordinated Indebtedness of any Loan Party is outstanding and are further given all such other designations as shall be required under the terms of any such subordinated other Subordinated Indebtedness in order that the Lenders Administrative Agent on behalf of the Secured Parties, and solely at the direction of the Required Lenders, may have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated IndebtednessSubordinated Indebtedness in accordance with the applicable subordination agreement.

Status of Obligations. (a) The 3.The Loans and other Obligations are hereby designated as “Senior Debt” and as “Designated Senior Debt” under, and for purposes of, the Senior Subordinated Notes. In [[NYCORP:3461068v7:3124W: 04/23/2014--12:33 AM]] the event that GrafTech, a Borrower or any other Loan Party shall at any time issue or have outstanding any other subordinated Indebtedness, GrafTech and such Borrower shall take or cause such other Loan Party to take all such actions as shall be necessary to cause the Obligations to constitute senior indebtedness (however denominated) in respect of such subordinated Indebtedness and to enable the Lenders to have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Indebtedness. Without limiting the foregoing, the Obligations are hereby designated as “senior indebtedness” and as “designated senior indebtedness” under and in respect of any indenture or other agreement or instrument under which such other subordinated Indebtedness is outstanding and are further given all such other designations as shall be required under the terms of any such subordinated Indebtedness in order that the Lenders may have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Indebtedness.

Status of Obligations. (a) The Loans and other Obligations are hereby designated as “Senior Debt” and as “Designated Senior Debt” under, and for purposes of, the Senior Subordinated Notes. In the event that GrafTechHoldings, a the Borrower or any other Loan Party shall at any time issue or have outstanding any other subordinated Subordinated Indebtedness, GrafTech Holdings and such the Borrower shall take or cause such other Loan Party to take all such actions as shall be necessary to cause the Loan Document Obligations to constitute senior indebtedness (however denominated) in respect of such subordinated Subordinated Indebtedness and to enable the Lenders to have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Subordinated Indebtedness. Without limiting the foregoing, the Loan Document Obligations are hereby designated as “senior indebtedness” and as “designated senior indebtedness” under and in respect of any indenture or other agreement or instrument under which such other subordinated Subordinated Indebtedness is outstanding and are further given all such other designations as shall be required under the terms of any such subordinated Subordinated Indebtedness in order that the Lenders may have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Subordinated Indebtedness.. In addition, at such time as Holdings shall issue any Equity Subordinated Loans, Holdings shall execute, and shall condition the issue of such Equity Subordinated Loans on the execution by the holders thereof of, the Equity Subordinated Loans Subordination Agreement substantially in the form of Exhibit J.

Status of Obligations. (a) The Loans and other Loan Documents Obligations are hereby designated as “Senior Debt” and as “Designated Senior Debt” under, and for purposes of, each of the Senior Subordinated NotesGuarantee Indebtedness Documents. In the event that GrafTech, a the Borrower or any other Loan Party shall at any time issue or have outstanding any other subordinated Indebtednessindebtedness, GrafTech and such the Borrower shall take or cause such other Loan Party to take all such actions as shall be necessary to cause the Loan Documents Obligations to constitute senior indebtedness (however denominated) in respect of such subordinated Indebtedness indebtedness and to enable the Lenders to have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Indebtednessindebtedness. Without limiting the foregoing, the Loan Documents Obligations are hereby designated as “senior indebtedness” and as “designated senior indebtedness” under and in respect of any indenture or other agreement or instrument under which such other subordinated Indebtedness indebtedness is outstanding and are further given all such other designations as shall be required under the terms of any such subordinated Indebtedness indebtedness in order that the Lenders may have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Indebtednessindebtedness.

Status of Obligations. (a) The Loans and other Obligations are hereby designated as “Senior Debt” and as “Designated Senior Debt” under, and for purposes of, the Senior Subordinated Notes. In the event that GrafTechany Borrower, a Borrower or any other Loan Party or any other Orthofix Entity shall at any time issue or have outstanding any other subordinated Subordinated Indebtedness, GrafTech and such Borrower shall take or cause such other Loan Party or Orthofix Entity to take all such actions as shall be necessary to cause the Secured Obligations to constitute senior indebtedness (however denominated) in respect of such subordinated Subordinated Indebtedness and to enable the Administrative Agent and the Lenders to have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Subordinated Indebtedness. Without First Amended and Restated Credit Agreement (Orthofix), Page 41 limiting the foregoing, the Secured Obligations are hereby designated as “"senior indebtedness” " and as “"designated senior indebtedness” " and words of similar import under and in respect of any indenture or other agreement or instrument under which such other subordinated any Subordinated Indebtedness of an Orthofix Entity is outstanding and are further given all such other designations as shall be required under the terms of any such subordinated Subordinated Indebtedness in order that the Lenders may have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Subordinated Indebtedness.

Status of Obligations. (a) The Loans and other Obligations are hereby designated as “Senior Debt” and as “Designated Senior Debt” under, and for purposes of, the Senior Subordinated Notes. In the event that GrafTech, a the Borrower or any other Loan Party shall at any time issue or have outstanding any other subordinated Subordinated Indebtedness, GrafTech and such the Borrower shall take or cause such other Loan Party to take all such actions as shall be necessary to cause the Obligations to constitute senior indebtedness (however denominated) in respect of such subordinated Subordinated Indebtedness and to enable the Administrative Agent and the Lenders to have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Subordinated Indebtedness. Without limiting the foregoing, the Obligations are hereby designated as “senior indebtedness” and as “designated senior indebtedness” and words of similar import under and in respect of any indenture or other agreement or instrument under which such other subordinated Subordinated Indebtedness is outstanding and are further given all such other designations as shall be required under the terms of any such subordinated Subordinated Indebtedness in order that the Lenders may have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Subordinated Indebtedness. Notwithstanding the foregoing and for the avoidance of doubt, the Borrower shall not be required to amend or supplement the definition of “Indebtedness” or “Senior Debt” in the indenture under which any Convertible Debt Securities outstanding on the Effective Date were issued with respect to the Obligations.

Status of Obligations. (a) The Loans and other Obligations are hereby designated as “Senior Debt” and as “Designated Senior Debt” under, and for purposes of, the Senior Subordinated Notes. In the event that GrafTech, a the Borrower or any other Loan Party shall at any time issue or have outstanding any other subordinated Subordinated Indebtedness, GrafTech and such the Borrower shall take or cause such other Loan Party to take all such actions as shall be necessary to cause the Obligations to constitute senior indebtedness (however denominated) in respect of such subordinated Subordinated Indebtedness and to enable the Administrative Agent and the Lenders to have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Subordinated Indebtedness. Without limiting the foregoing, the Obligations are hereby designated as “senior indebtedness” and as “designated senior indebtedness” and words of similar import under and in respect of any indenture or other agreement or instrument under which such other subordinated Subordinated Indebtedness is outstanding and are further given all such other designations as shall be required under the terms of any such subordinated Subordinated Indebtedness in order that the Lenders may have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Subordinated Indebtedness. Notwithstanding the foregoing, the Administrative Agent and each Lender acknowledge and agree that pursuant to Section 2(e) of the RFA Guaranty, for so long as a payment default pursuant to Section 7.1(a) of the Loan and Security Agreement evidencing the RFA Facility has occurred and is continuing with respect to principal required to be paid pursuant to Sections 2.6(d) or 2.6(e) of the Loan and Security Agreement (as in effect on the date hereof), no payments may be made to Administrative Agent or any Lender as may be required hereby.

Status of Obligations. (a) The Loans Loan Documents Obligations and other the Guarantees of the Loan Documents Obligations under the Guarantee and Collateral Agreement are hereby designated as “Senior Debt” and as “Designated Senior Debt” under, and for purposes of, of the Senior 2010 Subordinated NotesNotes Indenture and the 2015 Subordinated Notes Indenture. In the event that GrafTech, a the Borrower or any other Loan Party shall at any time issue or have outstanding any other subordinated Subordinated Indebtedness, GrafTech and such the Borrower shall take or cause such other Loan Party to take all such actions as shall be necessary to cause the Loan Documents Obligations and the Guarantees of the Loan Documents Obligations under the Guarantee and Collateral Agreement to constitute senior indebtedness (however denominated) in respect of such subordinated Subordinated Indebtedness and to enable the Lenders to have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Subordinated Indebtedness. Without limiting the foregoing, the Loan Documents Obligations are hereby designated as “senior indebtedness” and as “designated senior indebtedness” under and in respect of any indenture or other agreement or instrument under which such other subordinated Subordinated Indebtedness is outstanding and are further given all such other designations as shall be required under the terms of any such subordinated Subordinated Indebtedness in order that the Lenders may have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Subordinated Indebtedness.

Status of Obligations. (a) The Loans and other Loan Document Obligations are hereby designated as “Senior Debt” and as “Designated Senior Debt” under, and for purposes of, each of the Senior Subordinated NotesGuarantee Indebtedness Documents. In the event that GrafTech, a the Borrower or any other Loan Party shall at any time issue or have outstanding any other subordinated Indebtednessindebtedness, GrafTech and such the Borrower shall take or cause such other Loan Party to take all such actions as shall be necessary to cause the Loan Document Obligations to constitute senior indebtedness (however denominated) in respect of such subordinated Indebtedness indebtedness and to enable the Lenders to have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Indebtednessindebtedness. Without limiting the foregoing, the Loan Document Obligations are hereby designated as “senior indebtedness” and as “designated senior indebtedness” under and in respect of any indenture or other agreement or instrument under which such other subordinated Indebtedness indebtedness is outstanding and are further given all such other designations as shall be required under the terms of any such subordinated Indebtedness indebtedness in order that the Lenders may have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Indebtednessindebtedness.

Status of Obligations. (a) The Loans With respect to all current and other Obligations are hereby designated as “Senior Debt” and as “Designated Senior Debt” under, and for purposes offuture Subordinated Indebtedness of any of the Loan Parties, the Senior Subordinated Notes. In the event that GrafTech, a Borrower or any other Loan Party shall at any time issue or have outstanding any other subordinated Indebtedness, GrafTech and such Borrower shall take or cause such other Loan Party to take all such actions as shall be necessary to cause the Obligations to constitute senior indebtedness or senior debt (however denominated) in respect of such subordinated Subordinated Indebtedness and to enable the Administrative Agent and the Lenders to have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such subordinated Subordinated Indebtedness. Without limiting the foregoing, the Obligations are hereby designated as “senior indebtedness”, “senior debt” and as “designated senior indebtedness” and words of similar import under and in respect of any indenture or other agreement or instrument under which such other subordinated Subordinated Indebtedness is outstanding and are further given all such other designations as shall be required under the terms of any such subordinated Subordinated Indebtedness in order that the Lenders may have and exercise any payment blockage or other remedies available or potentially available to holders of senior indebtedness under the terms of such Subordinated Indebtedness. The Borrower represents and agrees that the Obligations are “senior indebtedness” and “senior debt” under all Indebtedness designated on Schedule 6.01 as junior subordinated Indebtednessdebentures.