Common use of Senior Indebtedness Clause in Contracts

Senior Indebtedness. (a) The Obligations constitute “Senior Indebtedness” of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Guarantor under the Guarantee and Collateral Agreement constitute “Guarantor Senior Indebtedness” of such Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “Senior Indebtedness” and “Designated Senior Indebtedness” of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “Guarantor Senior Indebtedness” of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “"Senior ------------------- Indebtedness” " of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “"Guarantor Senior Indebtedness” " of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” " of the Borrower under and as defined in the each Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “"Guarantor Senior Indebtedness” " of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “Senior Indebtedness” of the Borrower under and as defined in the Senior Unsecured Subordinated Note Indenture. The obligations of each Guarantor under the Guarantee and Collateral Agreement constitute “Guarantor Senior Indebtedness” of such Guarantor under and as defined in the Senior Unsecured Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations (including, without limitation, the guarantee obligations of each Guarantor under the Guarantee and Collateral Agreement) constitute “"Senior Indebtedness” of the Borrower " and "Permitted Indebtedness" under and as defined in the Senior Subordinated Note Indenture. The obligations Liens of each Guarantor the Administrative Agent for the benefit of the Secured Parties on the Collateral are permitted under the Guarantee and Collateral Agreement constitute “Guarantor Senior Indebtedness” of such Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each terms of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.,

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” Debt" of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “Guarantor "Senior Indebtedness” Debt" of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “Senior IndebtednessDebt” of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “Guarantor Senior IndebtednessDebt” of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” Debt" of the Borrower under and as defined in the Senior Subordinated Note Indenture. The Indenture and the obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “"Guarantor Senior Indebtedness” Debt" of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” " of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “Guarantor "Senior Indebtedness” " of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “Senior Indebtedness” of the Borrower under and as defined in the Senior Subordinated Note IndentureIndentures. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “Guarantor Senior Indebtedness” of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes IndentureNote Indentures. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” " of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “"Senior Guarantor Senior Indebtedness” " of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” " of the Borrower under and as defined in the Senior Subordinated Note Indenture and the Holdings Discount Debentures Indenture. The obligations of each Guarantor under the Guarantee and Collateral Agreement constitute “"Guarantor Senior Indebtedness” " of such Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Debentures Indenture.

Senior Indebtedness. (a) The Obligations constitute “Senior Indebtedness” of the Borrower Borrowers under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and US Collateral Agreement constitute “Guarantor Senior Indebtedness” of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations will constitute “"Senior Indebtedness” " of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor and Holdings under the Guarantee and Collateral Agreement will constitute “"Guarantor Senior Indebtedness” " of such Subsidiary Guarantor or Holdings under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “Senior Indebtedness” of the Borrower under and as defined in the each Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “Guarantor Senior Indebtedness” of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” " of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Guarantor Restricted Subsidiary under the Guarantee and Collateral Agreement constitute “"Guarantor Senior Indebtedness” " of such Guarantor Restricted Subsidiary under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” " of the Borrower under and as defined in the Subordinated Bridge Facility and the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “"Guarantor Senior Indebtedness” " of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of Bridge Facility and the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” " and "Designated Senior Indebtedness" of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of Holdings and each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “"Guarantor Senior Indebtedness” " of Holdings and such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” Debt" of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “Guarantor Senior Indebtedness” of such Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.Subsidiary Guaranties constitute

Senior Indebtedness. (a) The Obligations ------------------- constitute “"Senior Indebtedness” " of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “"Guarantor Senior Indebtedness” " of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (ai) The Company Obligations constitute “Senior Indebtedness” Indebtedness of the Borrower Company under and as defined in the Senior Subordinated Note Indenture. The obligations of each Guarantor under the Guarantee and Collateral Agreement constitute “Guarantor Senior Indebtedness” of such Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and (ii) the Holdings Discount obligations of each Subsidiary Guarantor under the Guarantee and Pledge Agreement constitute Guarantor Senior Indebtedness of such Subsidiary Guarantor under the Senior Subordinated Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” " or "Senior Debt" of the Borrower and each Subsidiary Borrower under and as defined in the Existing Senior Subordinated Note Indenture and the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the applicable Guarantee and Collateral Agreement constitute “"Guarantor Senior Indebtedness” " of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Existing Subordinated Note Indenture and the Holdings Discount Senior Subordinated Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “Senior Indebtedness” Indebtedness of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “Guarantor Senior Indebtedness” Indebtedness of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” " of the Borrower under and as defined in the Senior Subordinated Note Indenture, the Senior Preferred Stock and the Exchange Debenture Indenture. The obligations of each Guarantor Subsidiary guarantor under the Guarantee and Collateral Agreement constitute “"Guarantor Senior Indebtedness” " of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Exchange Debenture Indenture.

Senior Indebtedness. (a) The Obligations constitute “Senior Indebtedness” of the Borrower under and as defined in the Senior Subordinated Secured Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “Guarantor Senior Indebtedness” of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Secured Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “"Senior ------------------- Indebtedness” " of the Borrower Details under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “"Guarantor Senior Indebtedness” " of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations will constitute “"Senior Indebtedness” " of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor and Holdings under the Guarantee and Collateral Agreement constitute “Guarantor Senior Indebtedness” of such Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.will constitute

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” " of the Borrower Borrowers under and as defined in the Senior Subordinated Note Indenture and the New Senior Subordinated Note Indenture. The obligations of each Guarantor K&F under the Guarantee and Collateral Agreement constitute “Guarantor "Senior Indebtedness” " of such Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount New Senior Subordinated Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” " of the Borrower Details under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “"Guarantor Senior Indebtedness” " of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” " of the Borrower Borrowers under and as defined in the Senior Subordinated Note Indenture. The obligations of each Guarantor K&F under the Guarantee and Collateral Agreement constitute “Guarantor "Senior Indebtedness” " of such Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “Senior Indebtedness” and “Designated Senior Indebtedness” of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of Holdings and each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “Guarantor Senior Indebtedness” of Holdings and such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” Indebtedness of the Borrower under Guarantor," "Senior Indebtedness of the Issuer" and "Senior Indebtedness of the Company" as each of such terms is defined in the Senior Subordinated Note Indenture. The obligations of each Guarantor under 1997 Notes Indenture and the Guarantee and Collateral Agreement constitute “Guarantor Senior Indebtedness” of such Guarantor under and as defined in the Senior Subordinated 9x% Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “Senior Indebtedness” and “Designated Senior Indebtedness” of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Security Agreement constitute “Guarantor Senior Indebtedness” and “Designated Senior Indebtedness” of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations of the Parent Borrower constitute “"Senior Indebtedness” " of the Parent Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “"Guarantor Senior Indebtedness” " of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “Senior Indebtedness” of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations Guarantee Obligations of each Subsidiary Guarantor under the Guarantee Guaranty and Collateral Agreement constitute “Guarantor Senior Indebtedness” of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “Senior Indebtedness” of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement and the CDN Guarantee and Collateral Agreement, as applicable, constitute “Guarantor Senior Indebtedness” of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” " of the Borrower under and as defined in the Senior Subordinated Exchange Note Indenture. The obligations of each Guarantor Restricted Subsidiary under the Guarantee and Collateral Agreement constitute “"Guarantor Senior Indebtedness” " of such Guarantor Restricted Subsidiary under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Exchange Note Indenture.

Senior Indebtedness. (a) The Obligations will constitute “"Senior Indebtedness” " of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor and Holdings under the Guarantee and Collateral Agreement will constitute “"Guarantor Senior Indebtedness” " of such Subsidiary Guarantor or Holdings under and as defined in the Senior Subordinated Notes Indenture. Note Indenture (b) The Obligations have been created utilizing it being understood that this representation will be deemed repeated at the basket set forth in Section 3.3(b)(i) time of each the issuance of the Senior Subordinated Note Indenture and the Holdings Discount Note IndentureNotes).

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” Debt" of ------------------- the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “Guarantor "Senior Indebtedness” Debt" of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations Obligations, other than obligations under the Tranche B Term Loans made to the Permitted Borrower, will constitute “"Senior Indebtedness” " of the Borrower under and as defined in the Senior Subordinated Note Indenture and the Senior Unsecured Note Indenture. The obligations of each Subsidiary Guarantor and Holdings under the Guarantee and Collateral Agreement will constitute “"Guarantor Senior Indebtedness” " of such Subsidiary Guarantor or Holdings under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” " of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement Loan Documents to which it is a party constitute “Guarantor "Senior Indebtedness” Debt" of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations constitute “Senior Indebtedness” and “Designated Senior Indebtedness” of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of Holdings and each Subsidiary Guarantor under the Amended and Restated Guarantee and Collateral Agreement constitute “Guarantor Senior Indebtedness” of Holdings and such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations monetary obligations of the Primary Borrower under this Agreement and the Notes constitute “"Senior Indebtedness” of the Borrower " under and as defined in the Senior Subordinated Note Indenture. The obligations of each Guarantor under Guarantor's Guarantee pursuant to the Guarantee and Collateral Agreement constitute “Guarantor constitutes "Parent Senior Indebtedness” of such Guarantor " under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.

Senior Indebtedness. (a) The Obligations will constitute “"Senior Indebtedness” " of the Borrower Borrowers under and as defined in the Senior Subordinated Note IndentureIndenture (when and if entered into). The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement will constitute “"Guarantor Senior Indebtedness” " of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture (when and the Holdings Discount Note Indentureif entered into).

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” Debt" of the Borrower under and as defined in the Existing Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “Guarantor Senior Indebtedness” of such Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.Agreement

Senior Indebtedness. (a) The Obligations constitute “"Senior Indebtedness” " and "Designated Senior Indebtedness" of the Borrower under and as defined in the Senior Subordinated Note Indenture. The obligations of each Subsidiary Guarantor under the Guarantee and Collateral Agreement constitute “"Guarantor Senior Indebtedness” " of such Subsidiary Guarantor under and as defined in the Senior Subordinated Notes Indenture. (b) The Obligations have been created utilizing the basket set forth in Section 3.3(b)(i) of each of the Senior Subordinated Note Indenture and the Holdings Discount Note Indenture.