Status as Senior Debt. The Obligations are “senior debt” or “designated senior debt” (or any comparable term) under, and as may be defined in, any indenture or document governing any applicable Indebtedness that is subordinated in right of payment to the Obligations.
Status as Senior Debt. The Obligations shall rank pari passu with any other senior Debt or securities of the Borrower and shall constitute senior Debt of the Borrower and the other Credit Parties under and as defined in any documentation documenting any junior Debt of the Borrower or the other Credit Parties.
Status as Senior Debt. The Obligations constitute “Senior Debt” as defined in each of the Note Purchase Agreements.
Status as Senior Debt. The Obligations constitute, and shall continue to constitute, senior Indebtedness (or the equivalent thereof) under each issue of Subordinated Indebtedness.
Status as Senior Debt. The Loans and other Obligations of the Loan Parties constitute senior Indebtedness of the Loan Parties ranking at least pari passu in right of payment with all other Indebtedness of the Loan Parties.
Status as Senior Debt. With respect to rights upon liquidation, winding up and dissolution, the Notes shall rank senior to any Series A Preferred Stock of the Company issued under the Certificate of Designations of Series A Non-Voting Convertible Preferred Stock.
Status as Senior Debt. The Obligations of each Loan Party under this Agreement, the Notes, the Security Agreement and each of the other Loan Documents to which it is a party do rank and will rank at least pari passu in priority of payment with all other Indebtedness of such Loan Party except Indebtedness of such Loan Party to the extent secured by Permitted Liens.
Status as Senior Debt. Subject to the terms of the Senior Credit Agreements and related loan documents, all Obligations constitute senior Debt entitled to the benefits of the subordination and/or intercreditor provisions contained in the applicable subordination and/or intercreditor agreements governing any subordinated Debt.
Status as Senior Debt. The Obligations are “Priority Payment Lien Obligations,” within the meaning of the Senior Secured Notes Documents.
Status as Senior Debt. The Company will at all times ensure that the Notes will not be subordinate to, and will in all respects rank at least pari passu with, the claims of every other senior unsecured and unsubordinated creditor of the Company.
