Common use of Subordination of Subordinated Indebtedness Clause in Contracts

Subordination of Subordinated Indebtedness. This ------------------------------------------ Agreement, and all amendments, modifications, extensions, renewals, refinancings and refundings hereof, constitute the "Senior Credit Agreement" within the meaning of the Bridge Note Purchase Agreement and the Ramsay Subordinated Note Purchase Agreement; this Agreement, together with each of the other Loan Documents and all amendments, modifications, extensions, renewals, refinancings and refundings hereof and thereof, constitute "Senior Credit Documents" within the meaning of the Bridge Note Purchase Agreement and the Ramsay Subordinated Note Purchase Agreement; and the Term Loans, the Revolving Credit Loan, the Letter of Credit Obligations and all other Obligations of Borrower to the Lenders and the Agents under this Agreement, the Term Notes, the Revolving Credit Notes and any of the other Loan Documents, and all amendments, modifications, extensions, renewals, refundings or refinancings of any of the foregoing constitute "Senior Indebtedness" of Borrower within the meaning of the Bridge Note Purchase Agreement and the Ramsay Subordinated Note Purchase Agreement, and the holders of the Bridge Notes and the holders of the Ramsay Subordinated Note from time to time shall be entitled to all of the rights of a holder of "Senior Indebtedness" pursuant to Article 9 of the Bridge Note Purchase Agreement and pursuant to Section 4 of the Ramsay Subordinated Note Purchase Agreement, respectively. 2. Amendment to Section 6.01(g). The Credit Agreement is hereby further ---------------------------- amended by deleting subsection (g) of Section 6.01 thereof in its entirety and by substituting in lieu thereof the following subsection (g):

Subordination of Subordinated Indebtedness. (a) This ------------------------------------------ Agreement, and all amendments, modifications, extensions, renewals, refinancings and refundings hereofhereof (to the extent permissible pursuant to Section 4.09 of the Senior Subordinated Note Indenture), constitute the "Senior Credit Agreement" within the meaning of the Bridge Note Purchase Agreement and the Ramsay Senior Subordinated Note Purchase Agreement; this AgreementIndenture, together with each of the other Loan Documents and all amendments, modifications, extensions, renewals, refinancings and refundings hereof and thereof, constitute "Senior Credit Documents" within the meaning of the Bridge Note Purchase Agreement and the Ramsay Subordinated Note Purchase Agreement; and the Term Loans, the Revolving Credit Loan, the Letter of Credit Obligations and all other Obligations of Borrower to the Lenders Agent and the Agents Lenders under this Agreement, the Term Notes, the Revolving Credit Notes and any of the other Loan Documents, and all amendments, modifications, extensions, renewals, refundings or refinancings of any of the foregoing (to the extent permissible pursuant to Section 4.09 of the Senior Sub- ordinated Note Indenture), constitute "Senior Indebtedness" of Borrower within the meaning of the Bridge Note Purchase Agreement and the Ramsay Senior Subordinated Note Purchase AgreementIndenture, and the holders of the Bridge Notes and the holders of the Ramsay Subordinated Note thereof from time to time shall be entitled to all of the rights of a holder of "Senior Indebtedness" pursuant to Article 9 10 of the Bridge Senior Subordinated Note Purchase Indenture. (b) The commitments for revolving loans under the Credit Agreement, dated as of April 27, 1989, among Citibank, N.A., as agent, Citibank, N.A. and the other lenders named therein, as lenders, and Borrower, as borrower (the "1989 ---- Credit Agreement"), as reduced by all permanent reductions of such commitments, ---------------- pursuant to the terms of the 1989 Credit Agreement, as amended, modified, extended, renewed or refinanced, including, without limitation, pursuant to the Credit Agreement dated as of February 28, 1992 among Borrower, Citibank, N.A. as agent and Citibank, N.A. and the other lenders party thereto and pursuant to the Original Loan Agreement, and by all mandatory revolving loan prepayments made pursuant to Section 4 4.11 of the Ramsay Senior Subordinated Note Purchase AgreementIndenture, respectivelyare currently, and at all times has been, equal to or greater than $85,000,000. 2. Amendment to Section 6.01(g). The Credit Agreement is hereby further ---------------------------- amended by deleting subsection (g) of Section 6.01 thereof in its entirety and by substituting in lieu thereof the following subsection (g):

Subordination of Subordinated Indebtedness. (a) This ------------------------------------------ Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment and the Seventh Amendment, and the other Loan Documents to which Borrower or any Subsidiary is party, and, to the extent permissible under Section 1010 of the Senior Subordinated Note Indenture, all further amendments, amendments and restatements, renewals, extensions, restructurings, supplements, modifications, extensionsrefinancings, renewalsrefundings, refinancings or replacements hereof and refundings hereof, thereof constitute the "Senior Credit Agreement" within the meaning of the Bridge Note Purchase Agreement and the Ramsay Senior Subordinated Note Purchase Agreement; this AgreementIndenture, together with each of the other Loan Documents and all amendments, modifications, extensions, renewals, refinancings and refundings hereof and thereof, constitute "Senior Credit Documents" within the meaning of the Bridge Note Purchase Agreement and the Ramsay Subordinated Note Purchase Agreement; and the Term Loans, the Revolving Credit Loan, the Letter of Credit Obligations Obligations, the Debt Repurchase Loans and all other Obligations of Borrower to the Lenders Agent and the Agents Lenders under this Agreement, the Term Notes, the Revolving Credit Notes and any of the other Loan Documents, and, to the extent permissible pursuant to Section 1010 of the Senior Subordinated Note Indenture, all further amendments, amendments and all amendmentsrestatements, renewals, extensions, restructurings, supplements, modifications, extensions, renewalsrefinancings, refundings or refinancings and replacements of any of the foregoing foregoing, constitute "Senior Indebtedness" of Borrower within the meaning of the Bridge Note Purchase Agreement and the Ramsay Senior Subordinated Note Purchase AgreementIndenture, and the holders of the Bridge Notes and the holders of the Ramsay Subordinated Note thereof from time to time shall be entitled to all of the rights of a holder of "Senior Indebtedness" pursuant to Article 9 13 of the Bridge Senior Subordinated Note Purchase Agreement Indenture. (b) This Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment and the Seventh Amendment and the other Loan Documents to which Borrower or any Subsidiary is party, and, to the extent permissible under Section 4.06 of the 1999 Senior Subordinated Note Indenture, all further amendments, amendments and restatements, renewals, extensions, restructurings, supplements, modifications, refinancings, refundings, or replacements hereof and thereof constitute the "Credit Agreement" within the meaning of the 1999 Senior Subordinated Note Indenture, and the Term Loans, the Revolving Credit Loan, the Letter of Credit Obligations, the Debt Repurchase Loans and all other Obligations of Borrower to the Agent and the Lenders under this Agreement, the Notes and any of the other Loan Documents, and, to the extent permissible pursuant to Section 4 4.06 of the Ramsay 1999 Senior Subordinated Note Purchase AgreementIndenture, respectively. 2. Amendment to Section 6.01(g). The Credit Agreement is hereby all further ---------------------------- amended by deleting subsection (g) amendments, amendments and restatements, renewals, extensions, restructurings, supplements, modifications, refinancings, refundings and replacements of Section 6.01 thereof in its entirety and by substituting in lieu thereof any of the following subsection (g):foregoing,

Subordination of Subordinated Indebtedness. This ------------------------------------------ Agreement, as amended by the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment and the Sixth Amendment, and the other Loan Documents to which Borrower or any Subsidiary is party, and, to the extent permissible under Section 1010 of the Senior Subordinated Note Indenture, all further amendments, amendments and restatements, renewals, extensions, restructurings, supplements, modifications, extensionsrefinancings, renewalsrefundings, refinancings or replacements hereof and refundings hereof, thereof constitute the "Senior Credit Agreement" within the meaning of the Bridge Note Purchase Agreement and the Ramsay Senior Subordinated Note Purchase Agreement; this AgreementIndenture, together with each of the other Loan Documents and all amendments, modifications, extensions, renewals, refinancings and refundings hereof and thereof, constitute "Senior Credit Documents" within the meaning of the Bridge Note Purchase Agreement and the Ramsay Subordinated Note Purchase Agreement; and the Term Loans, the Revolving Credit Loan, the Letter of Credit Obligations Obligations, the Debt Repurchase Loans and all other Obligations of Borrower to the Lenders Agent and the Agents Lenders under this Agreement, the Term Notes, the Revolving Credit Notes and any of the other Loan Documents, and, to the extent permissible pursuant to Section 1010 of the Senior Subordinated Note Indenture, all further amendments, amendments and all amendmentsrestatements, renewals, extensions, restructurings, supplements, modifications, extensions, renewalsrefinancings, refundings or refinancings and replacements of any of the foregoing foregoing, constitute "Senior Indebtedness" of Borrower within the meaning of the Bridge Note Purchase Agreement and the Ramsay Senior Subordinated Note Purchase AgreementIndenture, and the holders of the Bridge Notes and the holders of the Ramsay Subordinated Note thereof from time to time shall be entitled to all of the rights of a holder of "Senior Indebtedness" pursuant to Article 9 13 of the Bridge Senior Subordinated Note Purchase Agreement and pursuant to Section Indenture. (l) New Text at End of Article 4 of the Ramsay Subordinated Note Purchase Loan Agreement, respectively. 2. Amendment to Section 6.01(g). The Credit Article 4 of the Loan Agreement is hereby further ---------------------------- amended by deleting subsection (g) of Section 6.01 thereof in its entirety and by substituting in lieu thereof adding the following subsection paragraph at the end thereof: In connection with its execution and delivery of the Sixth Amendment, Borrower hereby affirms that each of the representations and warranties of Borrower contained in this Agreement or in any of the other Loan Documents is correct in all material respects as of the Sixth Amendment Date and after giving effect to the Sixth Amendment (g):except to the extent that such representations and warranties relate solely to an earlier date and except as affected by transactions expressly contemplated by this Agreement). In addition to induce GE Capital to enter into the Sixth Amendment, Borrower represents and warrants to the Agent and Lenders as follows: