Common use of Limitation on Additional Junior Indebtedness Clause in Contracts

Limitation on Additional Junior Indebtedness. Anything in the Indenture to the contrary notwithstanding, the Company shall not, and it shall not cause or permit any Affiliate of the Company to, incur, issue or be obligated on any Additional Junior Indebtedness, either directly or indirectly, by way of guarantee, suretyship or otherwise, other than: (a) Additional Junior Indebtedness that, by its terms, is expressly stated to be junior and subordinate in all respects to the Debentures; or (b) Additional Junior Indebtedness that, by its terms, is expressly stated to be pari passu and rank equally in all respects with the Debentures; provided, however, that neither the Company nor any of its Affiliates shall incur, issue or otherwise become obligated on any Additional Junior Indebtedness pursuant to this Section 5.2(b) unless the quotient of "X" divided by "Y" is less than 0.60, where "X" and "Y" are calculated as described in Section 5.2(c) and 5.2(d), respectively. (c) As used in Section 5.2(b), "X" means the sum of the following:

Limitation on Additional Junior Indebtedness. Anything in the Indenture to the contrary notwithstanding, the The Company shall not, and it shall not cause or permit any Affiliate of the Company to, incur, issue or be obligated on any Additional Junior Indebtedness, either directly or indirectly, by way of guarantee, suretyship or otherwise, other than: (a) Additional Junior Indebtedness that, by its terms, is expressly stated to be junior and subordinate in all respects to the Debentures; or (b) Additional Junior Indebtedness that, by its terms, is expressly stated to be pari passu and rank equally in all respects with the Debentures; providedPROVIDED, howeverHOWEVER, that neither the Company nor any of its Affiliates shall incur, issue or otherwise become obligated on any Additional Junior Indebtedness pursuant to this Section 5.2(b5.10(b) unless the quotient of "X" divided by "Y" is less than 0.60, where "X" and "Y" are calculated as described in Section 5.2(c5.10(c) and 5.2(d5.10(d), respectively. (c) As used in Section 5.2(b5.10(b), "X" means the sum of the following:

Limitation on Additional Junior Indebtedness. Anything in the Indenture to the contrary notwithstanding, the The Company shall not, and it shall not cause or permit any Affiliate of the Company to, incur, issue or be obligated on any Additional Junior Indebtedness, either directly or indirectly, by way of guarantee, suretyship or otherwise, other than: (a) Additional Junior Indebtedness that, by its terms, is expressly stated to be junior and subordinate in all respects to the Debentures; or (b) Additional Junior Indebtedness that, by its terms, is expressly stated to be pari passu and rank equally in all respects with the Debentures; provided, however, that neither the Company nor any of its Affiliates shall incur, issue or otherwise become obligated on any Additional Junior Indebtedness pursuant to this Section 5.2(b5.10(b) unless the quotient of "X" divided by "Y" is less than 0.60, where "X" and "Y" are calculated as described in Section 5.2(c5.10(c) and 5.2(d5.10(d), respectively. (c) As used in Section 5.2(b5.10(b), "X" means the sum of the following:

Limitation on Additional Junior Indebtedness. Anything in the Indenture to the contrary notwithstanding, the The Company shall not, and it shall not cause or permit any Affiliate of the Company to, incur, issue or be obligated on any Additional Junior Indebtedness, either directly or indirectly, by way of guarantee, suretyship or otherwise, other than: (a) Additional Junior Indebtedness thatwhich, by its terms, is expressly stated to be junior and subordinate in all respects to the Debentures; or (b) Additional Junior Indebtedness thatwhich, by its terms, is expressly stated to be pari passu and rank equally in all respects with the Debentures; provided, however, that neither the Company nor any of its Affiliates shall -------- ------- incur, issue or otherwise become obligated on any Additional Junior Indebtedness pursuant to this Section 5.2(b5.10(b) unless the quotient of "X" divided by "Y" is less than 0.60, where "X" and "Y" are calculated as described in Section 5.2(c5.10(c) and 5.2(d5.10(d), respectively. (c) As used in Section 5.2(b5.10(b), "X" means the sum of the following:

Limitation on Additional Junior Indebtedness. Anything in the Indenture to the contrary notwithstanding, the The Company shall not, and it shall not cause or permit any Affiliate of the Company to, incur, issue or be obligated on any Additional Junior Indebtedness, either directly or indirectly, by way of guarantee, suretyship or otherwise, other than: (a) Additional Junior Indebtedness that, by its terms, is expressly stated to be junior and subordinate in all respects to the Debentures; or (b) Additional Junior Indebtedness that, by its terms, is expressly stated to be pari passu and rank equally in all respects with the Debentures; provided, however, that neither the Company nor any of its Affiliates shall -------- ------- incur, issue or otherwise become obligated on any Additional Junior Indebtedness pursuant to this Section 5.2(b5.10(b) unless the quotient of "X" divided by "Y" is less than 0.60, where "X" and "Y" are calculated as described in Section 5.2(c5.10(c) and 5.2(d5.10(d), respectively. (c) As used in Section 5.2(b5.10(b), "X" means the sum of the following:

Limitation on Additional Junior Indebtedness. Anything in the Indenture to the contrary notwithstanding, the The Company shall not, and it shall not cause or permit any Affiliate subsidiary of the Company to, incur, issue or be obligated on any Additional Junior Indebtedness, either directly or indirectly, by way of guarantee, suretyship or otherwise, other than: (a) Additional Junior Indebtedness that, by its terms, is expressly stated to be junior and subordinate in all respects to the Debentures; or (b) Additional Junior Indebtedness that, by its terms, is expressly stated to be pari passu and rank equally in all respects with the Debentures; provided, however, however that neither the Company nor any of its Affiliates subsidiaries shall incur, issue or otherwise become obligated on any Additional Junior Indebtedness pursuant to this Section 5.2(b5.10(b) unless the quotient of "X" divided by "Y" is less than 0.600.60 upon incurring, issuing or otherwise becoming obligated on any Additional Junior Indebtedness, where "X" and "Y" are calculated as described in Section 5.2(c5.10(c) and 5.2(d), 5.10(d) respectively. (c) As used in Section 5.2(b), "X" means the sum of the following: