Common use of Status as Senior Indebtedness Clause in Contracts

Status as Senior Indebtedness. The Loans and other Secured Indebtedness hereunder are “Bank Indebtedness,” “Senior Indebtedness” and “Designated Senior Indebtedness” under both the Existing Subordinate Notes and the Existing Convertible Debentures, and this Agreement is a “Senior Secured Credit Agreement” under the Existing Subordinate Notes and one of the “Combined Credit Agreements” under the Existing Convertible Debentures.

Status as Senior Indebtedness. The Loans and other Secured Indebtedness hereunder are “Bank Indebtedness,” “Senior Indebtedness” and “Designated Senior Indebtedness” under both the Existing Subordinate Notes and the Existing Convertible Debentures, and this Agreement is a “Senior Secured Credit Agreement” under the Existing Subordinate Notes and one of the “Combined Credit Agreements” under the Existing Convertible DebenturesNotes.

Status as Senior Indebtedness. The Loans and other Secured Indebtedness Obligations hereunder are “Bank Indebtedness,” “Senior Indebtedness” and “Designated Senior Indebtedness” under both the Existing Subordinate Notes Note Indenture and the Existing Convertible DebenturesNote Indenture, and this Agreement is a “Senior Secured Credit Agreement” under the Existing Subordinate Notes Note Indenture and one of the “Combined Credit Agreements” under the Existing Convertible DebenturesNote Indenture.

Status as Senior Indebtedness. The Loans and other Secured Indebtedness Obligations hereunder are “Bank Indebtedness,” “Senior Indebtedness” and “Designated Senior Indebtedness” under both the Existing Subordinate Notes Note Indenture and the Existing Convertible Debentures, and this Agreement is a “Senior Secured Credit Agreement” under the Existing Subordinate Notes and one of the “Combined Credit Agreements” under the Existing Convertible DebenturesNote Indenture.