Common use of Senior Subordinated Indebtedness Clause in Contracts

Senior Subordinated Indebtedness. Neither the Company nor any of the Guarantors shall, directly or indirectly, Incur any Indebtedness (other than the Notes, the Exchange Notes, the Permanent Securities and Indebtedness between the Company and its Wholly Owned Subsidiaries) that is by its terms (or by the terms of any agreement governing such Indebtedness) subordinated in right of payment to any other Indebtedness of the Company or of such Guarantor unless such Indebtedness is also by its terms (or by the terms of any agreement governing such Indebtedness) made expressly subordinate to the Loans and the Notes and the Guarantees to the same extent and in the same manner as such Loans and Notes and Guarantees are subordinated to the Senior Secured Credit Agreement.

Senior Subordinated Indebtedness. Neither the Company Borrower nor any -------------------------------- of the Guarantors shall, directly or indirectly, Incur incur any Indebtedness (other than the Notes, the Exchange Notes, Notes and the Permanent Securities and Indebtedness between the Company and its Wholly Owned SubsidiariesTake-Out Securities) that is by its terms (or by the terms of any agreement governing such Indebtedness) subordinated in right of payment to any other Indebtedness of the Company Borrower or of such Guarantor unless such Indebtedness is also by its terms (or by the terms of any agreement governing such Indebtedness) made expressly subordinate to the Loans and the Notes and the Guarantees to substantially the same extent and in substantially the same manner as such Loans and Notes and Guarantees are subordinated to the Senior Secured Credit AgreementFacility.

Senior Subordinated Indebtedness. Neither the Company nor any of the Subsidiary Guarantors shall, directly or indirectly, Incur any Indebtedness (other than the Notes, the Exchange Notes, Notes and the Permanent Securities and Indebtedness between the Company and its Wholly Owned SubsidiariesTake-Out Securities) that is by its terms (or by the terms of any agreement governing such Indebtedness) subordinated in right of payment to any other Indebtedness of the Company or of such Subsidiary Guarantor unless such Indebtedness is also by its terms (or by the terms of any agreement governing such Indebtedness) made expressly subordinate to the Loans and the Notes and the Guarantees to the same extent and in the same manner as such Loans and Notes and Guarantees are subordinated to the Senior Secured Credit AgreementFacility.