Common use of Designated Senior Indebtedness Clause in Contracts

Designated Senior Indebtedness. The Obligations constitute “Designated Senior Indebtedness” or any similar designation (with respect to indebtedness that having the maximum rights as “senior debt”) under and as defined in any agreement governing any Indebtedness of Borrower that is contractually subordinated to the Obligations and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.

Designated Senior Indebtedness. The Obligations constitute hereunder are hereby designated by the Company as “Designated Senior Indebtedness” (or similar term) for all purposes of any subordinated Permitted Convertible Indebtedness, any other subordinated Indebtedness of the Company or any similar designation (with respect to indebtedness that having the maximum rights as “senior debt”) under Restricted Subsidiary Guarantor and as defined in any agreement governing any Indebtedness of Borrower that is contractually subordinated to the Obligations and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties theretoPermitted Refinancing thereof.

Designated Senior Indebtedness. The Obligations constitute “For the purposes of each indenture governing the Senior Subordinated Notes or the Additional Subordinated Notes, the Loans and all Fees and all other expenses or amounts payable under this Agreement shall be "Designated Senior Indebtedness” or any similar designation (with respect to indebtedness that having the maximum rights " as “senior debt”) under and as such term is defined in any agreement governing any Indebtedness of Borrower that is contractually subordinated to the Obligations and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties theretoindentures.

Designated Senior Indebtedness. The Obligations constitute hereunder are hereby designated by the Borrower as “Designated Senior Indebtedness” (or similar term) for all purposes of any subordinated indebtedness of the Borrower or any similar designation (with respect to indebtedness that having the maximum rights as “senior debt”) under and as defined in any agreement governing any Indebtedness of Borrower that is contractually subordinated to the Obligations and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties theretoRestricted Subsidiary.

Designated Senior Indebtedness. The Obligations constitute term “Designated Senior Indebtedness” shall mean any particular Senior Indebtedness in which the instrument creating or any similar designation evidencing the same or the assumption or guarantee thereof (with respect or related agreements or documents to indebtedness which the Company is a party) expressly provides that having such Senior Indebtedness shall be “Designated Senior Indebtedness” for purposes of this Indenture (provided that such instrument, agreement or other document may place limitations and conditions on the maximum right of such Senior Indebtedness to exercise the rights as “senior debt”) under and as defined in any agreement governing any Indebtedness of Borrower that is contractually subordinated to the Obligations and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties theretoDesignated Senior Indebtedness).

Designated Senior Indebtedness. The Obligations constitute hereunder are hereby designated by the Borrower as “Designated Senior Indebtedness” (or similar term) for all purposes of the Convertible Notes, any other subordinated indebtedness of the Borrower or any similar designation (with respect to indebtedness that having the maximum rights as “senior debt”) under Restricted Subsidiary and as defined in any agreement governing any Indebtedness of Borrower that is contractually subordinated to the Obligations and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties theretoPermitted Refinancing thereof.

Designated Senior Indebtedness. The Obligations have been duly designated as and constitute “Designated Senior Indebtedness” (or any a similar designation (with designation) in respect to indebtedness that having the maximum rights as “senior debt”) under and as defined in any agreement governing any of all applicable Subordinated Indebtedness of Borrower that is contractually subordinated to the Obligations and Note Parties (including the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties theretoExisting Senior Subordinated Notes).

Designated Senior Indebtedness. The Borrower has designated and does hereby designate the Obligations constitute “Designated Senior Indebtedness” or any similar designation (with respect to indebtedness that having the maximum rights as “senior debt”) under and as defined obligations,” “senior indebtedness” or similar designation in connection with any agreement governing any Indebtedness Subordinated Obligations of the Borrower that is contractually subordinated to the Obligations and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties theretoextent applicable.

Designated Senior Indebtedness. The Obligations constitute “Designated Senior Indebtedness” (or any similar designation (with respect to indebtedness that having the maximum rights as “senior debt”) under under, and as defined in in, the Second Lien Debt Documents or any agreement documentation governing any Indebtedness of Borrower that is contractually subordinated subject to the Obligations and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties theretoa Subordination Agreement).

Designated Senior Indebtedness. The Borrower hereby agrees and acknowledges that all Obligations constitute shall be “Designated Senior Indebtedness” (or any similar designation (with respect to indebtedness that having the maximum rights as “senior debt”comparable term) under for purposes of and as defined in the 2003 8 3/8 Junior Note Indenture and any agreement documents governing any other Subordinated Indebtedness of the Borrower that is contractually subordinated to the Obligations and the subordination provisions set forth or any of its Subsidiaries in each respect of which such agreement are legally valid and enforceable against the parties theretoterm (or comparable term) has relevance.

Designated Senior Indebtedness. The Obligations constitute hereunder are hereby designated by the Borrower as “Designated Senior Indebtedness” (or similar term) for all purposes of any subordinated indebtedness of the Borrower or any similar designation Subsidiary (with respect to indebtedness that having the maximum rights as “senior debt”) under and as defined in any agreement governing any Indebtedness of Borrower that is contractually subordinated to the Obligations and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties theretoif any).

Designated Senior Indebtedness. The Obligations constitute “Designated Senior Indebtedness” (or any similar designation (with respect to indebtedness that having the maximum rights as “senior debt”) under under, and as defined in any agreement governing any Indebtedness of Borrower that is contractually subordinated to in, the Obligations and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties theretoSecond Lien Debt Documents).

Designated Senior Indebtedness. The Borrower hereby agrees and acknowledges that all Obligations constitute “shall be "Designated Senior Indebtedness” " (or any similar designation (with respect to indebtedness that having the maximum rights as “senior debt”comparable term) under for purposes of and as defined in each Junior Note Indenture and any agreement documents governing any other Subordinated Indebtedness of the Borrower that is contractually subordinated to the Obligations and the subordination provisions set forth or any of its Subsidiaries in each respect of which such agreement are legally valid and enforceable against the parties theretoterm (or comparable term) has relevance.

Designated Senior Indebtedness. The Borrower shall have designated the Designated Obligations constitute as “Designated Senior Indebtedness” or any similar designation pursuant to an Officer’s Certificate (with respect to indebtedness that having the maximum rights as “senior debt”) under and as defined in any agreement governing any Indebtedness each of the Existing Senior Subordinated Notes Indentures) of the Borrower that is contractually subordinated and delivered the same to the Obligations and the subordination provisions set forth in trustee under each such agreement are legally valid and enforceable against the parties theretoExisting Senior Subordinated Notes Indenture.

Designated Senior Indebtedness. The Obligations constitute hereunder are hereby designated by the Company as “Designated Senior Indebtedness” (or similar term) for all purposes of any subordinated Permitted Convertible Indebtedness, any other subordinated Indebtedness of the Company or any similar designation (with respect to indebtedness that having the maximum rights as “senior debt”) under Subsidiary Guarantor and as defined in any agreement governing any Indebtedness of Borrower that is contractually subordinated to the Obligations and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties theretoPermitted Refinancing thereof .

Designated Senior Indebtedness. The Borrower hereby agrees and acknowledges that all Obligations constitute shall be “Designated Senior Indebtedness” (or any similar designation (with respect to indebtedness that having the maximum rights as “senior debt”comparable term) under for purposes of and as defined in the 2003 8⅜ Junior Note Indenture and any agreement documents governing any other Subordinated Indebtedness of the Borrower that is contractually subordinated to the Obligations and the subordination provisions set forth or any of its Subsidiaries in each respect of which such agreement are legally valid and enforceable against the parties theretoterm (or comparable term) has relevance.