Status of Obligations as Senior Indebtedness, etc. All Obligations and fees and expenses in connection therewith constitute “Senior Indebtedness” or similar term relating to the Obligations, and all Obligations are entitled to the benefits of the subordination created by any Subordinated Debt Documents.
Status of Obligations as Senior Indebtedness, etc. The subordination provisions of the Subordinated Debt, if any, contained in the Subordinated Debt Documents are enforceable against the holders of the Subordinated Debt by the holder of any "Senior Debt" or similar term referring to the Obligations (as defined in the relevant Subordinated Debt Documents). All Obligations, including those to pay principal of and interest (including post-petition interest, whether or not allowed as a claim under bankruptcy or similar laws) on the Loans and Reimbursement Obligations, and fees and expenses in connection therewith, constitute "Senior Debt" and "Designated Senior Debt" or similar terms relating to the Obligations (as defined in the relevant Subordinated Debt Documents) and all such Obligations are entitled to the benefits of the subordination created by the Subordinated Debt Documents. The Borrower acknowledges that the Administrative Agent, each Lender and each Issuer is entering into this Agreement and is extending its Commitments in reliance upon the subordination provisions of the Subordinated Debt Documents.
Status of Obligations as Senior Indebtedness, etc. All Obligations, including those to pay principal of and interest (including post-petition interest, whether or not allowed as a claim under bankruptcy or similar laws) on the Loans and Reimbursement Obligations, and fees and expenses in connection therewith, constitute “Senior Indebtedness” or similar term with respect to all Subordinated Indebtedness and any other Indebtedness permitted to be incurred hereunder constituting Indebtedness that is subordinated and/or junior in right of payment to the Obligations.
Status of Obligations as Senior Indebtedness, etc. The subordination provisions contained in the Subordinated Debt Documents (if any) are enforceable against the holders of the Subordinated Debt by the holder of any “Senior Indebtedness” or similar term referring to the Obligations (as defined in the Subordinated Debt Documents). To the extent that any Subordinated Debt exists, all Obligations, including those to pay principal of and interest (including post-petition interest, whether or not allowed as a claim under bankruptcy or similar laws) on the Loans and Reimbursement Obligations, and fees and expenses in connection therewith, constitute “Senior Indebtedness” or similar term relating to the Obligations (as defined in the Subordinated Debt Documents) and all such Obligations are entitled to the benefits of the subordination created by the Subordinated Debt Documents.
Status of Obligations as Senior Indebtedness, etc. All Obligations, shall have the liens and priority set forth in the DIP Order.
Status of Obligations as Senior Indebtedness, etc. All Obligations, including those to pay principal of and interest (including post-petition interest, whether or not allowed as a claim under bankruptcy or similar laws) on the Loans and Reimbursement Obligations, and fees and expenses in connection therewith, constitute "Senior Indebtedness" (or similar term) relating to the Obligations (as defined in the Subordinated Debt Documents) and all such Obligations are entitled to the benefits of the subordination created by the Subordinated Debt Documents. The Company acknowledges that each Agent, each Lender and each Issuer is entering into this Agreement and is extending its Commitments in reliance upon the subordination provisions of the Subordinated Debt Documents.
Status of Obligations as Senior Indebtedness, etc. The ------------------------------------------------- subordination provisions of the Subordinated Debt contained in the Subordinated Debt Documents are enforceable against the holders of the Subordinated Debt by the holder of any "Senior Debt" or similar term referring to the Obligations (as defined in the relevant Subordinated Debt Documents). All Obligations, including those to pay principal of and interest (including post-petition interest, whether or not allowed as a claim under bankruptcy or similar laws) on the Loans and Reimbursement Obligations, and fees and expenses in connection therewith, constitute "Senior Debt" and "Designated Senior Debt" or similar terms relating to the Obligations (as defined in the relevant Subordinated Debt Documents) and all such Obligations are entitled to the benefits of the subordination created by the Subordinated Debt Documents. In furtherance of, and without limiting the effect of, the preceding sentence of this Section 6.16, ------------ all such Obligations constitute "Senior Debt" and "Designated Senior Debt" under the Convertible Subordinated Note Indenture (and such Obligations are hereby designated by the Borrower as "Designated Senior Debt" for all purposes under the Convertible Subordinated Note Indenture with no limitation on the rights that may be exercised by the holders of such Designated Senior Debt). The Borrower acknowledges that the Administrative Agent, each Lender and each Issuer is entering into this Agreement and is extending its Commitments in reliance upon the subordination provisions of the Subordinated Debt Documents.
Status of Obligations as Senior Indebtedness, etc. The subordination provisions relating to the Senior Subordinated Debt (including the subordination provisions set forth in the Indenture dated as of February 22, 1999 (the "Senior Subordinated Note Indenture"), between the Company and Summit Bank, as trustee, relating to the 10 7/8% Senior Subordinated Notes due 2009 of the Company) are enforceable against the holders of the applicable Senior Subordinated Debt by the holder of any "Senior Indebtedness" or similar term referring to the Obligations (as defined in the applicable Senior Subordinated Debt Documents). All Obligations, including those to pay principal of and interest (including interest accruing subsequent to the filing of, or which would have accrued but for the filing of, a petition for bankruptcy, reorganization or similar proceeding, whether or not allowed as a claim under such proceeding) on the Loans and Reimbursement Obligations, and fees and expenses in connection therewith, constitute "Senior Indebtedness" or similar term relating to the Obligations (as defined in the applicable Senior Subordinated Debt Documents) and all such Obligations are entitled to the benefits of the subordination created by such Senior Subordinated Debt Documents. The Company acknowledges that each Agent, each Lender and each Issuer is entering into this Agreement in reliance upon the subordination provisions of the Senior Subordinated Note Indenture.
Status of Obligations as Senior Indebtedness, etc. All Obligations, including those to pay principal of and interest (including post-petition interest, whether or not allowed as a claim under bankruptcy or similar laws) on the Loans and Reimbursement Obligations, and fees and expenses in connection therewith, constitute “Senior Indebtedness” (or similar term) relating to the Obligations (as defined in the Subordinated Debt Documents) and all such Obligations are entitled to the benefits of the subordination created by the Subordinated Debt Documents. The Company acknowledges that the Administrative Agent, each Lender and each Issuer is entering into this Agreement and is extending its Commitments in reliance upon the subordination provisions of the Subordinated Debt Documents.
Status of Obligations as Senior Indebtedness, etc. The Borrower has the power and authority to incur the Subordinated Debt as provided for under the Subordinated Debt Documents applicable thereto and has duly authorized, executed and delivered the Subordinated Debt Documents applicable to such Subordinated Debt. The subordination provisions of the Subordinated Debt contained in the Subordinated Debt Documents are enforceable against the holders of the Subordinated Debt by the holder of any "Senior Indebtedness" or similar term referring to the Obligations (as defined in the Subordinated Debt Documents). All Obligations, including those to pay principal of and interest (including post-petition interest, whether or not allowed as a claim under bankruptcy or similar laws) on the Loans and Reimbursement Obligations, and fees and expenses in
