Common use of Status of Loans as Senior Debt Clause in Contracts

Status of Loans as Senior Debt. The Company shall, on the Closing Date and at such other times as may reasonably be requested by the Agent, deliver to the Agent certificates and, if requested, legal opinions, evidencing that the Indebtedness of each of the Borrowers and their Subsidiaries to the Agent and the Banks in respect of the Loans and Reimbursement Obligations constitutes "Senior Debt" (or the analogous term used therein) under the terms of the Subordinated Debt Documents or of any other instrument evidencing or pursuant to which there is issued indebtedness which purports to be Subordinated Debt of the Company or any of its Subsidiaries and that (a) this Credit Agreement would constitute the "Credit Facility" under the terms of the Subordinated Indenture, and (b) the Indebtedness of each of the Borrowers and their Subsidiaries to the Banks and the Agents in respect of the Loans and Reimbursement Obligations constitutes "Designated Senior Debt" as defined by the Subordinated Indenture.

Status of Loans as Senior Debt. The Company shall, on the ------------------------------ Closing Date and at such other times as may reasonably be requested by the Administrative Agent, deliver to the Administrative Agent certificates and, if requested, legal opinions, evidencing that the Indebtedness of each of the Borrowers and their Non-Excluded Subsidiaries to the Agent Lenders and the Banks Agents in respect of the Loans Loans, the Reimbursement Obligations and the Foreign Reimbursement Obligations constitutes "Senior Indebtedness" or "Senior Debt" (or the analogous term used therein) under the terms of each of the Subordinated Debt Documents or of any other instrument evidencing or pursuant to which there is issued indebtedness which purports to be Subordinated Debt of the Company or any of its Subsidiaries Obligor and that (a) this Credit Agreement would constitute the "Original Credit FacilityAgreement" under -155- the terms of the Subordinated Indenture, Indenture and (b) the Indebtedness of each of the Borrowers and their Non-Excluded Subsidiaries to the Banks Lenders and the Agents in respect of the Loans Loans, the Reimbursement Obligations and the Foreign Reimbursement Obligations constitutes "Designated Senior Debt" as defined by the Subordinated Indenture."

Status of Loans as Senior Debt. The Company shall, on the Closing Date and at such other times as may reasonably be requested by the Agent, deliver to the Agent certificates and, if requested, legal opinions, evidencing that the Indebtedness of each of the Borrowers and their Subsidiaries to the Agent and the Banks in respect of the Revolving Credit Loans and Reimbursement Obligations constitutes "Senior Debt" (or the analogous term used therein) under the terms of the Subordinated Debt Documents or of any other instrument evidencing or pursuant to which there is issued indebtedness which purports to be Subordinated Debt of the Company or any of its Subsidiaries and that (a) this Credit Agreement would constitute the "Credit Facility" under the terms of the Subordinated Indenture, and (b) the Indebtedness of each of the Borrowers and their Subsidiaries to the Banks and the Agents in respect of the Revolving Credit Loans and Reimbursement Obligations constitutes "Designated Senior Debt" as defined by the Subordinated Indenture.

Status of Loans as Senior Debt. The Company shall, on the Closing Date and at such other times as may reasonably be requested by the Agent, deliver to the Agent certificates and, if requested, legal opinions, evidencing and any other evidence reasonably requested by the Agent to confirm that the Indebtedness of each of the Borrowers and their Subsidiaries to the Agent and the Banks in respect of the Loans Revolving Credit Loans, Reimbursement Obligations and Reimbursement the FIUI Obligations constitutes "Senior Debt" (or the analogous term used therein) under the terms of the Subordinated Debt Documents or of any other instrument evidencing or pursuant to which there is issued indebtedness which purports to be Subordinated Debt of the Company or any of its Subsidiaries and that (a) this Credit Agreement would constitute the "Credit Facility" under the terms of the Subordinated Indenture, and (b) the Indebtedness of each of the Borrowers and their Subsidiaries to the Banks and the Agents Agent in respect of the Loans Revolving Credit Loans, Reimbursement Obligations and Reimbursement the FIUI Obligations constitutes "Designated Senior Debt" as defined by the Subordinated Indenture.