Common use of Limitation on Other Senior Subordinated Indebtedness Clause in Contracts

Limitation on Other Senior Subordinated Indebtedness. The Company shall not, and shall not permit any Guarantor to, directly or indirectly, incur, contingently or otherwise, any Indebtedness (other than the Notes and the Guarantees, as the case may be) that is both: (1) subordinate in right of payment to all Senior Indebtedness of the Company or such Guarantor, as the case may be; and (2) senior in right of payment to the Notes or the Guarantee of such Guarantor, as the case may be. For purposes of this Section 4.12, Indebtedness is deemed to be senior in right of payment to the Notes or a Guarantee, as the case may be, if it is not explicitly subordinated in right of payment to Senior Indebtedness of the Company or such Guarantor, as the case may be, at least to the same extent as the Notes and the Guarantee of such Guarantor, as the case may be, are subordinated to such Senior Indebtedness. This Indenture does not treat (i) unsecured Indebtedness as subordinated or junior to Senior Indebtedness merely because it is unsecured or (ii) Senior Indebtedness as subordinated or junior to any other Senior Indebtedness merely because it has a junior priority with respect to the same collateral.

Limitation on Other Senior Subordinated Indebtedness. The Company shall will not, and shall will not permit any Guarantor of the Guarantors to, directly or indirectly, incur, contingently or otherwise, any Indebtedness (other than the Notes and the Guarantees, as the case may be) that is both: both (1i) subordinate subordinated in right of payment to all any Senior Indebtedness of the Company or such GuarantorGuarantor Senior Indebtedness of any of the Guarantors, as the case may be; and , and (2ii) senior in right of payment to the Notes or and the respective Guarantee of any such Guarantor, as the case may be. For purposes of this Section 4.12covenant, Indebtedness is deemed to be senior in right of payment to the Notes or a Guaranteethe Guarantees, as the case may be, if it is not explicitly subordinated in right of payment to Senior Indebtedness of the Company or such GuarantorGuarantor Senior Indebtedness, as the case may be, at least to the same extent as the Notes and the Guarantee of such GuarantorGuarantees, as the case may be, are subordinated to such Senior Indebtedness or Guarantor Senior Indebtedness. This Indenture does not treat (i) unsecured Indebtedness , as subordinated or junior to Senior Indebtedness merely because it is unsecured or (ii) Senior Indebtedness as subordinated or junior to any other Senior Indebtedness merely because it has a junior priority with respect to the same collateralcase may be.

Limitation on Other Senior Subordinated Indebtedness. The Company shall will not, and shall will not permit any Restricted Subsidiary that is a Guarantor to, directly or indirectly, incur, contingently or otherwise, incur any Indebtedness (other than the Notes and the Guarantees, as the case may beincluding Acquired Indebtedness) that is both: (1) subordinate in right of payment to all Senior any Indebtedness of the Company or such any Indebtedness of any Restricted Subsidiary that is a Guarantor, as the case may be; and , unless such Indebtedness is either (2a) senior pari passu in right of payment to with the Notes Securities or the Guarantee of such Guarantor, as the case may be. For purposes of this Section 4.12, Indebtedness is deemed to be senior in right of payment to the Notes or a 's Guarantee, as the case may be, if it is not explicitly subordinated or (b) subordinate in right of payment to Senior Indebtedness of the Company Securities or such Guarantor's Guarantee, as the case may be, in the same manner and at least to the same extent as the Notes and the Guarantee of Securities are subordinate to Senior Indebtedness or such Guarantor's Guarantee is subordinate to such Guarantor's Senior Indebtedness, as the case may be. The Company shall not permit any Guarantor to, are subordinated and no Guarantor shall, directly or indirectly, Incur any Indebtedness that by its terms would expressly rank senior in right of payment to the Guarantee of such Senior Indebtedness. This Indenture does not treat (i) unsecured Indebtedness as subordinated or junior Guarantor and expressly rank subordinate in right of payment to any Guarantor Senior Indebtedness merely because it is unsecured or (ii) Senior Indebtedness as subordinated or junior to any other Senior Indebtedness merely because it has a junior priority with respect to the same collateralof such Guarantor.

Limitation on Other Senior Subordinated Indebtedness. The Company shall not, and shall not permit any Guarantor of its Restricted Subsidiaries to, directly or indirectly, incur, contingently or otherwise, any Indebtedness (other than the Notes and the Guarantees, as the case may be) that is both: (1) subordinate in right of payment to all Senior any other Indebtedness of the Company or such Guarantorits Restricted Subsidiaries, as the case may be; , and (2) senior in right of payment to the Notes or and the Guarantee of such GuarantorGuarantees, as the case may be. For purposes of this Section 4.12, Indebtedness is deemed to be senior in right of payment to the Notes or a Guaranteeand the Guarantees, as the case may be, if it is not explicitly subordinated in right of payment to Senior Indebtedness of the Company or such Guarantor, as the case may be, at least to the same a substantially similar extent as the Notes and the Guarantee of such GuarantorGuarantees, as the case may be, are subordinated subordinate to such Senior Indebtedness. This Indenture does not treat (i) unsecured No Indebtedness as shall be deemed to be subordinated or junior to Senior Indebtedness merely because it is unsecured or (ii) Senior Indebtedness as subordinated or junior in right of payment to any other Senior Indebtedness merely because it has a junior priority with respect to of the same collateralCompany or any Restricted Subsidiary solely by virtue of being unsecured.

Limitation on Other Senior Subordinated Indebtedness. The Company Issuer shall not, and shall not permit any Guarantor to, directly or indirectly, incur, contingently or otherwise, any Indebtedness (other than the Notes and the Guarantees, as the case may be) that is both: (1) subordinate in right of payment to all any Senior Indebtedness of the Company Issuer or such Guarantor, as the case may be; and (2) senior in right of payment to the Notes or the Guarantee of such Guarantor, as the case may be. For purposes of this Section 4.124.07, Indebtedness is deemed to be senior in right of payment to the Notes or a Guarantee, as the case may be, if it is not explicitly subordinated in right of payment to Senior Indebtedness of the Company Issuer or such Guarantor, as the case may be, at least to the same extent as the Notes and the Guarantee of such Guarantor, as the case may be, are subordinated to such Senior Indebtedness. This Indenture does not treat (i) unsecured Indebtedness as subordinated or junior to Senior Indebtedness merely because it is unsecured or (ii) Senior Indebtedness as subordinated or junior to any other Senior Indebtedness merely because it has a junior priority with respect to the same collateral.

Limitation on Other Senior Subordinated Indebtedness. The Company shall Parent will not, and shall will not permit the Issuers or any other Guarantor to, directly or indirectly, incur, contingently or otherwise, any Indebtedness (other than the Notes and the Guarantees, as the case may be) that is both: (1) subordinate in right of payment to all any Senior Indebtedness of the Company Issuers or such Guarantor, as the case may be; and (2) senior in right of payment to the Notes or the Guarantee of such Guarantor, as the case may be. For purposes of this Section 4.12, Indebtedness is deemed to be senior in right of payment to the Notes or a Guarantee, as the case may be, if it is not explicitly subordinated in right of payment to Senior Indebtedness of the Company Issuer or such Guarantor, as the case may be, at least to the same extent as the Notes and the Guarantee of such Guarantor, as the case may be, are subordinated to such Senior Indebtedness. This Indenture does not treat (i) unsecured Indebtedness as subordinated or junior to Senior Indebtedness merely because it is unsecured or (ii) Senior Indebtedness as subordinated or junior to any other Senior Indebtedness merely because it has a junior priority with respect to the same collateral.

Limitation on Other Senior Subordinated Indebtedness. The Company shall not, and shall not permit any Guarantor of its Restricted Subsidiaries to, directly or indirectly, incur, contingently or otherwise, any Indebtedness (other than the Notes and the Guarantees, as the case may be) that is both: (1) subordinate in right of payment to all Senior any other Indebtedness of the Company or such Guarantorits Restricted Subsidiaries, as the case may be; , and (2) senior in right of payment to the Notes or and the Guarantee of such GuarantorGuarantees, as the case may be. For purposes of this Section 4.12, Indebtedness is deemed to be senior in right of payment to the Notes or a Guaranteeand the Guarantees, as the case may be, if it is not explicitly subordinated in right of payment to Senior Indebtedness of the Company or such Guarantor, as the case may be, at least to the same a substantially similar extent as the Notes and the Guarantee of such GuarantorGuarantees, as the case may be, are subordinated subordinate to such Senior Indebtedness. This Indenture does not treat (i) unsecured No Indebtedness as shall be deemed to be subordinated or junior to Senior Indebtedness merely because it is unsecured or (ii) Senior Indebtedness as subordinated or junior in right of payment to any other Senior Indebtedness merely because it has a junior priority with respect to of the same collateralCompany or any Restricted Subsidiary solely by virtue of being unsecured.

Limitation on Other Senior Subordinated Indebtedness. The Company shall not, and shall not permit any Guarantor to, directly or indirectly, incur, contingently or otherwise, any Indebtedness (other than the Notes and the Guarantees, as the case may be) that is both: (1) subordinate in right of payment to all any Senior Indebtedness of the Company or such Guarantor, as the case may be; and (2) senior in right of payment to the Notes or the Guarantee of such Guarantor, as the case may be. For purposes of this Section 4.12, Indebtedness is deemed to be senior in right of payment to the Notes or a Guarantee, as the case may be, if it is not explicitly subordinated in right of payment to Senior Indebtedness of the Company or Guarantor Senior Indebtedness of such Guarantor, as the case may be, at least to the same extent as the Notes and the Guarantee of such Guarantor, as the case may be, are subordinated to such Senior Indebtedness or Guarantor Senior Indebtedness. This Indenture does not treat (i) unsecured Indebtedness , as subordinated or junior to Senior Indebtedness merely because it is unsecured or (ii) Senior Indebtedness as subordinated or junior to any other Senior Indebtedness merely because it has a junior priority with respect to the same collateralcase may be.