Common use of Status as Senior Indebtedness Clause in Contracts

Status as Senior Indebtedness. The Loans and other Obligations hereunder are “Senior Indebtedness” and “Designated Senior Indebtedness” under both the Existing Subordinate Note Indenture and the Existing Convertible Note Indenture.

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