Common use of No Senior Subordinated Debt Clause in Contracts

No Senior Subordinated Debt. Notwithstanding the provisions of Section 4.09 hereof, the Company shall not incur any Indebtedness (including Permitted Debt) that is contractually subordinated in right of payment to any other Indebtedness of the Company unless such Indebtedness is also contractually subordinated in right of payment to the Notes on substantially identical terms; provided, however, that no Indebtedness of the Company shall be deemed to be contractually subordinated in right of payment to any other Indebtedness of the Company solely by virtue of being unsecured.

No Senior Subordinated Debt. Notwithstanding the provisions of Section 4.09 4.9 hereof, the Company shall not incur incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness (including Permitted Debt) that is contractually subordinated subordinate or junior in right of payment to any other Indebtedness Senior Debt of the Company unless such Indebtedness is also contractually subordinated and senior in any respect in right of payment to the Notes on substantially identical termsNotes; provided, however, that no the foregoing limitation shall not apply to distinctions between categories of Indebtedness that exist by reason of the Company shall be deemed to be contractually subordinated any Liens arising or created in right respect of payment to any other Indebtedness of the Company solely by virtue of being unsecuredsome but not all such Indebtedness.

No Senior Subordinated Debt. Notwithstanding the provisions of Section 4.09 4.9 hereof, the Company shall not incur incur, create, issue, assume, guarantee or otherwise become liable for any Indebtedness (including Permitted Debt) that is contractually subordinated subordinate or junior in right of payment to any other Indebtedness Exchange Debenture Senior Debt of the Company unless such Indebtedness is also contractually subordinated and senior in any respect in right of payment to the Notes on substantially identical termsExchange Debentures; provided, however, that no the foregoing limitation shall not apply to distinctions between categories of Indebtedness that exist by reason of the Company shall be deemed to be contractually subordinated any Liens arising or created in right respect of payment to any other Indebtedness of the Company solely by virtue of being unsecuredsome but not all such Indebtedness.

No Senior Subordinated Debt. Notwithstanding the provisions of Section 4.09 any other provision hereof, the Company shall not incur incur, create, issue, assume, guarantee or otherwise become liable directly or indirectly for any Indebtedness (including Permitted Debt) that is contractually subordinated subordinate or junior in right of payment to any other Indebtedness Senior Debt of the Company unless such Indebtedness is also contractually subordinated and senior in any respect in right of payment to the Notes on substantially identical terms; provided, however, that no Securities. Indebtedness of the Company shall be deemed is not “contractually subordinate or junior” to be contractually subordinated in right of payment to any other Indebtedness for purposes of this covenant solely because the Company solely by virtue of being unsecuredother Indebtedness is secured.