Common use of Subordinated Notes, Etc Clause in Contracts

Subordinated Notes, Etc. All Obligations hereunder and under the other Loan Documents constitute “ABL Facility Priority Lien Debt” as such term is defined in, and for purposes of, the New Senior Secured Note Indenture. All Obligations hereunder and under the other Loan Documents constitute “Priority Lien Debt” as such term is defined in, and for purposes of, the Existing Senior Secured Note Indenture. All Obligations hereunder and under the other Loan Documents constitute “Senior Debt” and “Designated Senior Debt,” as such terms are defined in, and for purposes of, the Existing Senior Subordinated Note Indenture. This Agreement constitutes the “Credit Agreement” as such term is defined in, and for purposes of, each of the Existing Senior Subordinated Note Indenture, the Existing Senior Secured Note Indenture and the New Senior Secured Note Indenture.

Subordinated Notes, Etc. All Obligations hereunder and under the other Loan Documents constitute “ABL Facility Priority Lien Debt” as such term is defined in, and for purposes of, the New Senior Secured Note Indenture. All Obligations hereunder and under the other Loan Documents constitute “Priority Lien Debt” as such term is defined in, and for purposes of, the Existing Senior Secured Note Indenture. All So long as any Subordinated Notes remain outstanding, all Obligations hereunder and under the other Loan Documents constitute “Senior Debt” and “Designated Senior Debt,” ”, as such terms are defined in, and for purposes of, the Existing Senior Subordinated Note Indenture. This Agreement constitutes (i) is included in the “Credit Agreement” as such term is defined in, and for purposes of, each of the Existing Senior Original Subordinated Note Indenture, Indenture and the Existing Senior Secured Note Indenture and (ii) constitutes a “Credit Facility” as such term is defined in, and for purposes of, the New Senior Secured Note Indenture.