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

Limitation on Other Senior Subordinated Indebtedness. The Company shall not incur (as such term is defined in Section 10.12 hereof), or permit to remain outstanding, any Indebtedness (including Acquired Indebtedness and Permitted Indebtedness) other than the Securities, that is subordinated in right of payment to any Senior Indebtedness, unless such Indebtedness is also pari passu with, or subordinated in right of payment to, the Securities pursuant to subordination provisions substantially similar to those contained in this Indenture.

Limitation on Other Senior Subordinated Indebtedness. The Company shall not incur (as such term is defined in Section 10.12 hereof)incur, directly or permit to remain outstandingindirectly, any Indebtedness (including Acquired which is expressly subordinate or junior in right of payment in any respect to Senior Indebtedness and Permitted Indebtedness) other than unless such Indebtedness ranks pari passu in right of payment with the Securities, that or is expressly subordinated in right of payment to the Securities; provided, however, that the foregoing limitations will not apply to distinctions between categories of Indebtedness that exist by reason of any Senior Liens arising or created in respect of some but not all such Indebtedness, unless such Indebtedness is also pari passu with, or subordinated in right of payment to, the Securities pursuant to subordination provisions substantially similar to those contained in this Indenture.

Limitation on Other Senior Subordinated Indebtedness. The Company shall will not incur (as such term is defined create, incur, assume, guarantee or in Section 10.12 hereof)any other manner become liable with respect to any Indebtedness, or permit to remain outstanding, any Indebtedness (including Acquired Indebtedness and Permitted Indebtedness) other than the Securities, that is subordinated subordinate in right of payment to any Senior Indebtedness, unless such Indebtedness is also pari passu with, or subordinated subordinate in right of ---- ----- payment to, the Securities pursuant to subordination provisions substantially similar to those contained in this Indenture.

Limitation on Other Senior Subordinated Indebtedness. The Company shall not not, directly or indirectly, incur (as such term is defined in Section 10.12 hereof), or permit to remain outstanding, any Indebtedness that by its terms (including Acquired Indebtedness and Permitted or by the terms of the agreement governing such Indebtedness) other than the Securities, that is subordinated subordinate in right of payment to any Senior Indebtedness, other Indebtedness of the Company unless such Indebtedness is also by its terms (or the terms of the agreement governing such Indebtedness) made expressly either (a) pari passu with, or subordinated in right of payment to, with the Securities pursuant or (b) subordinate in right of payment to subordination provisions substantially similar the Securities in the same manner and at least to those contained in this Indenture.the same extent as the Securities are subordinate to Senior Indebtedness. 79 -71-