Common use of Status of Obligations as Senior Indebtedness, etc Clause in Contracts

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. The subordination provisions of relating to the Subordinated Debt, if any, contained Debt (including the subordination provisions set forth in the Subordinated Debt Documents Loan Agreement) are enforceable against the holders of the applicable Subordinated Debt by the holder of any "Senior DebtIndebtedness" or similar term referring to the Obligations (as defined in the relevant applicable Subordinated Debt Documents). All Obligations, including those to pay principal of and interest (including post-interest accruing subsequent to the filing of, or which would have accrued but for the filing of, a petition interestfor bankruptcy, reorganization or similar proceeding, whether or not allowed as a claim under bankruptcy or similar lawssuch proceeding) on the Loans and Reimbursement Obligations, and fees and expenses in connection therewith, constitute "Senior Debt" and "Designated Senior DebtIndebtedness" or similar terms term relating to the Obligations (as defined in the relevant applicable Subordinated Debt Documents) and all such Obligations are entitled to the benefits of the subordination created by the such Subordinated Debt Documents. The Borrower acknowledges that the Administrative Agent, each Lender and each the 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 relating to the Subordinated Debt, if any, contained Debt (including the subordination provisions set forth in the Subordinated Debt Documents Note Indenture) are enforceable against the holders of the applicable Subordinated Debt by the holder of any "Senior DebtIndebtedness" or similar term referring to the Obligations (as defined in the relevant applicable Subordinated Debt Documents). All Obligations, including those to pay principal of and interest (including post-interest accruing subsequent to the filing of, or which would have accrued but for the filing of, a petition interestfor bankruptcy, reorganization or similar proceeding, whether or not allowed as a claim under bankruptcy or similar lawssuch proceeding) on the all Loans and Reimbursement Obligations, and fees and expenses in connection therewiththerewith under this Agreement, constitute "Senior Debt" and "Designated Senior DebtIndebtedness" or similar terms term relating to the Obligations (as defined in the relevant applicable Subordinated Debt Documents) and all such Obligations are entitled to the benefits of the subordination created by the such Subordinated Debt Documents. The Borrower acknowledges that the Administrative Agent, each Lender and each the 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 Subordinated Debt, if any, contained in the Subordinated Debt Documents Company) are enforceable against the holders of the applicable Senior Subordinated Debt by the holder of any "Senior DebtIndebtedness" or similar term referring to the Obligations (as defined in the relevant applicable Senior Subordinated Debt Documents). All Obligations, including those to pay principal of and interest (including post-interest accruing subsequent to the filing of, or which would have accrued but for the filing of, a petition interestfor bankruptcy, reorganization or similar proceeding, whether or not allowed as a claim under bankruptcy or similar lawssuch proceeding) on the Loans and Reimbursement Obligations, and fees and expenses in connection therewith, constitute "Senior Debt" and "Designated Senior DebtIndebtedness" or similar terms term relating to the Obligations (as defined in the relevant applicable Senior Subordinated Debt Documents) and all such Obligations are entitled to the benefits of the subordination created by the such Senior Subordinated Debt Documents. The Borrower Company acknowledges that the Administrative 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 Senior Subordinated Debt DocumentsNote Indenture.

Status of Obligations as Senior Indebtedness, etc. The subordination provisions of relating to the Subordinated Debt, if any, contained Debt (including the subordination provisions set forth in the Subordinated Debt Documents Note Indenture) are enforceable against the holders of the applicable Subordinated Debt by the holder of any "Senior Bank Debt" (as defined in the Subordinated Note Indenture) or any similar term referring to the Obligations (as defined in the relevant any other Subordinated Debt DocumentsDocument). All Obligations, Obligations (including those to pay principal of and interest (including post-interest accruing subsequent to the filing of, or which would have accrued but for the filing of, a petition interestfor bankruptcy, reorganization or similar proceeding, whether or not allowed as a claim under bankruptcy or similar lawssuch proceeding) on the Loans and Reimbursement Obligations, and fees and expenses in connection therewith, ) constitute "Senior Bank Debt" and "Designated Senior Debt" (as defined in the Subordinated Note Indenture) or any similar terms relating term referring to the Obligations (as defined in the relevant any other Subordinated Debt DocumentsDocument) and all such Obligations are entitled to the benefits of the subordination created by the such Subordinated Debt Documents. The Borrower acknowledges that the Administrative AgentManaging Agents, each Lender and each Issuer is are entering into this Agreement and is are extending its their respective Commitments in reliance upon the subordination provisions of the Subordinated Debt DocumentsDocuments (including the subordination provisions set forth in the Subordinated Note Indenture).