Common use of Ranking of the Notes Clause in Contracts

Ranking of the Notes. The Notes, when issued by the Company, will constitute senior indebtedness of the Company and will rank at least pari passu with all other existing and future secured Indebtedness of the Company (subject to any priority rights of such Indebtedness pursuant to applicable Laws) and senior in right of payment to all existing and future obligations of the Company expressly subordinated in right of payment to the Notes.

Ranking of the Notes. The Notes, when issued by the Company, will constitute senior indebtedness of the Company and will Notes rank at least pari passu with all other existing and future secured Indebtedness of the Company (subject to any priority rights of such Indebtedness pursuant to applicable Laws) and senior in right of payment to all existing and future obligations any of the Company Company’s other indebtedness that is expressly subordinated in right of payment to the Notes, pari passu in right of payment to any of the Company’s other indebtedness and liabilities that are not so subordinated, junior in right of payment to any of the Company’s secured indebtedness to the extent of the value of the assets securing such indebtedness, and structurally junior to all indebtedness and liabilities incurred by the Company’s Subsidiaries.

Ranking of the Notes. The Notes, when issued by the Company, will constitute senior indebtedness of the Company and will rank at least pari passu with all other existing and future secured Indebtedness unsecured indebtedness of the Company (subject to any priority rights of such Indebtedness indebtedness pursuant to applicable Laws) and senior in right of payment to all existing and future obligations of the Company expressly subordinated in right of payment to the Notes.

Ranking of the Notes. The Notes, when issued by the Company, Notes will constitute senior indebtedness be unsecured and unsubordinated obligations of the Company and will rank at least pari passu with all other existing and future secured Indebtedness of the Company (subject to any priority rights of such Indebtedness pursuant to applicable Laws) and senior in right of payment to all existing and any future obligations indebtedness of the Company that is expressly subordinated in right of payment to the NotesNotes and rank equal in right of payment to any existing and future indebtedness of the Company that is not so subordinated, including any senior indebtedness issued or incurred prior to the date hereof (including, for the avoidance of doubt, the Company’s outstanding 0.00% senior notes due 2020).

Ranking of the Notes. The Notes, when issued by the Company, Notes will constitute senior indebtedness be unsecured and unsubordinated obligations of the Company and will rank at least pari passu with all other existing and future secured Indebtedness of the Company (subject to any priority rights of such Indebtedness pursuant to applicable Laws) and senior in right of payment to all existing and any future obligations indebtedness of the Company that is expressly subordinated in right of payment to the NotesNotes and rank equal in right of payment to any existing and future indebtedness of the Company that is not so subordinated, including any senior indebtedness issued or incurred prior to the date hereof (including, for the avoidance of doubt, the Company’s outstanding 0.00% convertible senior notes due 2020 and 0.00% convertible senior notes due 2023).

Ranking of the Notes. The Notes, when issued by the Company, Notes will constitute senior indebtedness be unsecured and unsubordinated obligations of the Company and will rank at least pari passu with all other existing and future secured Indebtedness of the Company (subject to any priority rights of such Indebtedness pursuant to applicable Laws) and senior in right of payment to all existing and any future obligations indebtedness of the Company that is expressly subordinated in right of payment to the NotesNotes and rank equal in right of payment to any existing and future indebtedness of the Company that is not so subordinated, including any senior indebtedness issued or incurred prior to the date hereof (including, for the avoidance of doubt, the Company’s outstanding 0.00% senior notes due 2019 and 0.00% senior notes due 2020).