Common use of Designation of “Designated Senior Indebtedness Clause in Contracts

Designation of “Designated Senior Indebtedness. Company shall not designate any Indebtedness as “Designated Senior Indebtedness” (as defined in the Subordinated Note Indenture) for purposes of the Subordinated Note Indenture without the prior written consent of Requisite Lenders.

Designation of “Designated Senior Indebtedness. Company shall not designate any Indebtedness as “Designated Senior Indebtedness” (as defined in the Senior Subordinated Note Indenture) for purposes of under the Senior Subordinated Note Indenture without the prior written consent of Requisite Lenders.

Designation of “Designated Senior Indebtedness. Company Borrower shall not designate any Indebtedness (other than the Obligations) as “"Designated Senior Indebtedness” " (as defined in the Subordinated Note IndentureIndentures) for purposes of the Subordinated Note Indenture Indentures without the prior written consent of Requisite Lenders.

Designation of “Designated Senior Indebtedness. Company shall not designate any Indebtedness as “Designated Senior Indebtedness” (as defined in the Senior Subordinated Note Indenture) for purposes of the Senior Subordinated Note Indenture without the prior written consent of Requisite Lenders.

Designation of “Designated Senior Indebtedness. Company The Borrower shall not designate any Indebtedness as “Designated Senior Indebtedness” (as defined in the Senior Subordinated Note Indenture, the Senior Convertible Note Indenture or the indenture pursuant to which any Subordinated Indebtedness permitted under Section 6.1(f) is issued) for purposes of the Senior Subordinated Note Indenture, Senior Convertible Note Indenture or such other Indenture without the prior written consent of Requisite Required Lenders.

Designation of “Designated Senior Indebtedness. Company shall not designate any Indebtedness as “Designated Senior IndebtednessDebt” (as defined in the Senior Subordinated Note Indenture) for purposes of the Senior Subordinated Note Indenture without the prior written consent of Requisite Lenders.

Designation of “Designated Senior Indebtedness. Company shall not designate any Indebtedness as “"Designated Senior Indebtedness” " (as defined in the Subordinated Note IndentureIndentures) for purposes of the Subordinated Note Indenture Indentures, without the prior written consent of Requisite Lenders.

Designation of “Designated Senior Indebtedness. The Company shall not designate any Indebtedness as “Designated Senior Indebtedness” (as defined in the Subordinated Note Indenture) for purposes of the Subordinated Note Indenture ----------------------------------------------- will not, without the prior written consent of Requisite the Required Lenders, designate any Indebtedness as "Designated Senior Indebtedness" within the meaning of such term as used in the 1996 Senior Subordinated Notes Indenture and the 1997 Senior Subordinated Notes Indenture.

Designation of “Designated Senior Indebtedness. Company shall not designate any Indebtedness as “Designated Senior Indebtedness” (as defined in the Subordinated Note Indenture) for purposes of the Subordinated Note Indenture The Borrower will not, without the prior written consent of Requisite the Required Lenders, designate any Indebtedness as "Designated Senior Indebtedness" within the meaning of such term as used in the Subordinated Notes Indenture.

Designation of “Designated Senior Indebtedness. Company No Borrower shall not nor shall any Borrower permit any of its Subsidiaries to, designate any Indebtedness as “"Designated Senior Indebtedness” " (as defined in the Senior Subordinated Note Indenture) for purposes of the Senior Subordinated Note Indenture without the prior written consent of Requisite Lenders.. 159

Designation of “Designated Senior Indebtedness. The Company shall not designate any Indebtedness as “Designated Senior Indebtedness” (as defined in the Subordinated Note Indenture) for purposes of the Subordinated Note Indenture ----------------------------------------------- will not, without the prior written consent of Requisite the Required Lenders, designate any Indebtedness as "Designated Senior Indebtedness" within the meaning of such term as used in the Senior Subordinated Note Indenture.

Designation of “Designated Senior Indebtedness. Company shall not designate any Indebtedness as “"Designated Senior Indebtedness” " (as defined in the Senior Subordinated Note IndentureIndenture or the indenture pursuant to which any Subordinated Indebtedness permitted under subsection 7.1(vii) is issued) for purposes of the Senior Subordinated Note Indenture or such other Indenture without the prior written consent of Requisite Lenders.

Designation of “Designated Senior Indebtedness. Company Borrower shall not designate any Indebtedness (other than the Obligations) as “Designated Senior Indebtedness” (as defined in the 7% Subordinated Note Indenture or the 9% Subordinated Note Indenture) for purposes of the 7% Subordinated Note Indenture or the 9% Subordinated Note Indenture without the prior written consent of Requisite Lenders.

Designation of “Designated Senior Indebtedness. Company shall not designate any Indebtedness as “Designated Senior Indebtedness” (as defined in the New Senior Subordinated Note Indenture) for purposes of under the New Senior Subordinated Note Indenture without the prior written consent of Requisite Lenders.

Designation of “Designated Senior Indebtedness. Company shall not designate any Indebtedness as “"Designated Senior Indebtedness” " (as defined in the Subordinated Note Indenture) for purposes of the Subordinated Note Indenture without the prior written consent of Requisite Lenders.

Designation of “Designated Senior Indebtedness. Company ----------------------------------------------- shall not designate any Indebtedness as “"Designated Senior Indebtedness” " (as defined in the Subordinated Note IndentureIndentures) for purposes of the Subordinated Note Indenture Indentures, without the prior written consent of Requisite Lenders.

Designation of “Designated Senior Indebtedness. Company shall ----------------------------------------------- not designate any Indebtedness as “"Designated Senior Indebtedness” " (as defined in the Subordinated Note IndentureIndentures) for purposes of the Subordinated Note Indenture Indentures, without the prior written consent of Requisite Lenders.

Designation of “Designated Senior Indebtedness. Company shall not, and shall not permit any of its Subsidiaries to, designate any Indebtedness as “Designated Senior Indebtedness” (as defined in the Senior Subordinated Note Indenture) for purposes of the Senior Subordinated Note Indenture without the prior written consent of Requisite Lenders.