Designation as 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 Subordinated Debt and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.
Designation as Senior Indebtedness. All Obligations shall be “Senior Indebtedness” for purposes of and as defined in the Senior Subordinated Convertible Debt documents, and all supplemental indentures thereto.
Designation as Senior Indebtedness. The Company hereby confirms the designation of the Securities as "Senior Indebtedness" for the purposes of any securities of the Company that may be issued pursuant to the Subordinated Indenture.
Designation as Senior Indebtedness. The Secured Obligations constitute “Permitted Secured Debt” or any similar designation (with respect to indebtedness that having the maximum rights as “senior debt”) under and as defined in the Convertible Notes Documents.
Designation as Senior Indebtedness. The Administrative Agent shall have received satisfactory evidence of its designation as a representative of the holders of “Designated Senior Indebtedness” (as such quoted term is defined in the Subordinated Notes Indenture).
Designation as Senior Indebtedness. The Obligations constitute “
Designation as Senior Indebtedness. The Borrower hereby acknowledges and agrees that its Obligations under and in respect of the Loan Documents shall be "Designated Senior Indebtedness of the Company" for all purposes of the Indenture (including, without limitation, Article Fourteen thereof).
Designation as Senior Indebtedness. If (a) the Obligations shall at any time fail to constitute “Senior Indebtedness”, “Designated Senior Indebtedness” or any similar designation under and as defined in any agreement or instrument governing any Indebtedness that is subordinated to the Obligations, (b) the subordination provisions of any agreement or instrument governing any Indebtedness in a principal amount in excess of $2,500,000 that is subordinated to the Obligations shall for any reason (other than as a result of any action or inaction of Agent or any Lender) be revoked or invalidated, or otherwise cease to be in full force and effect, unless such Indebtedness would otherwise be permitted to be incurred as “Senior Indebtedness” at such time (and for purposes of any baskets, shall be deemed to be incurred as such), or any Loan Party shall contest in any manner the validity or enforceability thereof, or (c) any Indebtedness other than the Indebtedness evidenced by this Agreement and/or Bank Product Obligations shall be designated as an “ABL Facility” or a “ Credit Facility” or any similar designation under and as defined in the Secured Notes.
Designation as Senior Indebtedness. The Obligations constitute “Designated Senior Indebtedness” or any similar designation (with respect to indebtedness having the maximum rights as “senior debt”) under and as defined in any agreement governing any Convertible Subordinated Debt Securities that by their express terms are subordinated to the Obligations and the Subordination Provisions set forth in each such agreement are legally valid and enforceable against the parties thereto, subject to applicable bankruptcy, insolvency, reorganization, moratorium and other Laws affecting creditors’ rights generally and subject to general principles of equity (regardless of whether enforcement is sought in equity or at law).
Designation as Senior Indebtedness. Designate the Obligations of each Loan Party and each Subsidiary thereof under this Agreement and each of the other Loan Documents as “Senior Indebtedness”, or any comparable term, under and as defined in the Subordinated Note Documents or any documents governing any other Subordinated Indebtedness.
