Common use of Designation as Senior Indebtedness Clause in Contracts

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. The Designate all Obligations constitute as “Designated Senior Indebtedness” (or such similar term) under, and defined in, any similar designation (with respect documents, agreements, or indentures relating to indebtedness or evidencing any Junior Indebtedness that having the maximum rights as “senior debt”) under is subordinated Indebtedness 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 all supplements thereto.

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”) term under and as defined in the agreements relating to any agreement governing Indebtedness of the Company or any Subordinated Debt Guarantor, including the Note Purchase Agreements and the subordination provisions set forth in each any subordinated Indebtedness which contains such agreement are legally valid and enforceable against the parties theretodesignation.

Designation as Senior Indebtedness. The Secured 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 theretosubordinated Indebtedness.

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 Junior Financing Documents and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.

Designation as Senior Indebtedness. The Designate all Obligations constitute as “Designated Senior Indebtedness” (or such other similar term) under, and defined in, any similar designation (with respect documents, agreements or indentures relating to indebtedness that having the maximum rights as “senior debt”) under and as defined in any agreement governing or evidencing any Subordinated Debt Indebtedness and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties all supplements thereto.

Designation as Senior Indebtedness. The All Obligations constitute shall (i) be “Designated Senior Indebtedness” or any similar designation (with respect to indebtedness that having the maximum rights as “senior debt”) under for purposes of and as defined in any agreement governing any Subordinated Debt that certain Indenture, and all supplemental indentures thereto, and (ii) be treated as senior indebtedness at least pari passu with respect to all other indentures and other Indebtedness of the subordination provisions set forth in each such agreement are legally valid Parent, the Borrower and enforceable against the parties theretotheir Restricted Subsidiaries.

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. The All Obligations constitute shall (i) be “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 or indenture evidencing other Indebtedness of the Borrower and its Restricted Subsidiaries (ii) be treated as senior indebtedness at least pari passu with respect to all other indentures and other Indebtedness of the subordination provisions set forth in each such agreement are legally valid Borrower and enforceable against the parties theretoits Restricted Subsidiaries.

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 theretosubordinated Indebtedness.

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

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 subordinated Indebtedness (including, without limitation, in the 2.25% Convertible Notes Documents and in the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto4.0625% Convertible Notes Documents).

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 subordinated Indebtedness and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.

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”) term under and as defined in the agreements relating to any agreement governing Indebtedness of the Borrower or the Guarantor, including the Note Purchase Agreements (prior to the Closing Date) and any Subordinated Debt and the subordination provisions set forth in each subordinated Indebtedness which contains such agreement are legally valid and enforceable against the parties theretodesignation.

Designation as Senior Indebtedness. The Obligations constitute “Designated Senior Indebtedness” or any similar designation (with respect to indebtedness that having has 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. The Obligations constitute “Designated Senior Indebtedness” ”, or any similar designation (with respect to indebtedness that having the maximum rights as “senior debt”) term under and as defined in the agreements relating to any agreement governing Indebtedness of the Company or any Subordinated Debt Guarantor, including the Note Purchase Agreements and the subordination provisions set forth in each any subordinated Indebtedness which contains such agreement are legally valid and enforceable against the parties thereto.designation. #89182136v12

Designation as Senior Indebtedness. The Obligations constitute “Designated Senior Indebtedness” or any similar designation (with respect to indebtedness that having the has 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. The Obligations constitute “Designated Senior Indebtedness” ”, or any similar designation (with respect to indebtedness that having the maximum rights as “senior debt”) term under and as defined in the agreements relating to any agreement governing Indebtedness of the Borrower or any Subordinated Debt Guarantor, including the Note Purchase Agreements and the subordination provisions set forth in each any subordinated Indebtedness which contains such agreement are legally valid and enforceable against the parties theretodesignation.

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 in full force and enforceable against the parties theretoeffect.

Designation as Senior Indebtedness. The All Obligations constitute shall (i) be “Designated Senior Indebtedness” (or any similar designation (with respect to indebtedness that having the maximum rights as “senior debt”comparable term in Senior Notes Documents) under for purposes of and as defined in any agreement governing any Subordinated Debt that certain Senior Notes Indenture, and all supplemental indentures thereto, at all times and for all purposes of the subordination provisions set forth in each such agreement are legally valid Senior Notes and enforceable against all Senior Notes Documents and (ii) be treated as senior indebtedness at least pari passu with respect to all other indentures and other Indebtedness of the parties theretoParent, the Borrower and their Restricted Subsidiaries.

Designation as Senior Indebtedness. (a) 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 subordinated Indebtedness, and the subordination provisions set forth in each such agreement are legally valid and enforceable against the parties thereto.

Designation as Senior Indebtedness. The All Obligations constitute shall (i) be “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 or indenture evidencing other Indebtedness of the Parent, the Borrower and their Restricted Subsidiaries (ii) be treated as senior indebtedness at least pari passu with respect to all other indentures and other Indebtedness of the subordination provisions set forth in each such agreement are legally valid Parent, the Borrower and enforceable against the parties theretotheir Restricted Subsidiaries.