Guarantor Senior Subordinated Indebtedness definition

Guarantor Senior Subordinated Indebtedness means, with respect to a Subsidiary Guarantor, the obligations of such Subsidiary Guarantor under the Subsidiary Guarantee and any other Indebtedness of such Subsidiary Guarantor that specifically provides that such Indebtedness is to rank pari passu in right of payment with the obligations of such Subsidiary Guarantor under the Subsidiary Guarantee and is not subordinated by its terms in right of payment to any Indebtedness or other obligation of such Subsidiary Guarantor which is not Guarantor Senior Indebtedness of such Subsidiary Guarantor.

Guarantor Senior Subordinated Indebtedness means, with respect to a Subsidiary Guarantor, the obligations of such Subsidiary Guarantor under the Subsidiary Guarantee and any other Indebtedness of such Subsidiary Guarantor (whether outstanding on the Issue Date or thereafter Incurred) that specifically provides that such Indebtedness is to rank equally in right of payment with the obligations of such Subsidiary Guarantor under the Subsidiary Guarantee and is not expressly subordinated by its terms in right of payment to any Indebtedness of such Subsidiary Guarantor which is not Guarantor Senior Indebtedness of such Subsidiary Guarantor.

Guarantor Senior Subordinated Indebtedness means, with respect to a Note Guarantor, the obligations of such Note Guarantor under the Note Guarantee and any other Indebtedness of such Note Guarantor that specifically provides that such Indebtedness is to rank pari passu in right of payment with the obligations of such Note Guarantor under the Note Guarantee and is not expressly subordinated by its terms in right of payment to any Indebtedness of such Note Guarantor which is not Guarantor Senior Indebtedness of such Note Guarantor.

Examples of Guarantor Senior Subordinated Indebtedness in a sentence

• Each Subsidiary Guarantee will rank equally with all other Guarantor Senior Subordinated Indebtedness of that Subsidiary Guarantor and will be senior in right of payment to all future Guarantor Subordinated Obligations of that Guarantor.

• The Subsidiary Guarantees shall in all respects rank pari passu with all other Guarantor Senior Subordinated Indebtedness of the Subsidiary Guarantor and only Indebtedness of the Subsidiary Guarantor that is Guarantor Senior Indebtedness will rank senior to the Subsidiary Guarantees in accordance with the provisions set forth herein.

• No Subsidiary Guarantor shall Incur any Indebtedness if such Indebtedness is contractually subordinate or junior in ranking in any respect to any Guarantor Senior Indebtedness of such Subsidiary Guarantor unless such Indebtedness is Guarantor Senior Subordinated Indebtedness of such Subsidiary Guarantor or is contractually subordinated in right of payment to Guarantor Senior Subordinated Indebtedness of such Subsidiary Guarantor.

• No Subsidiary Guarantor will Incur any Indebtedness if the proceeds thereof are used, directly or indirectly, to refinance any Guarantor Senior Subordinated Indebtedness unless such refinancing Indebtedness is either Guarantor Senior Subordinated Indebtedness or Guarantor Subordinated Obligations.

• This Guarantee shall in all respects rank pari passu with all other Guarantor Senior Subordinated Indebtedness of the Guarantor and only Indebtedness of the Guarantor which is Guarantor Senior Indebtedness will rank senior to this Guarantee in accordance with the provisions set forth herein.

More Definitions of Guarantor Senior Subordinated Indebtedness

Guarantor Senior Subordinated Indebtedness means, with respect to a Guarantor, the obligations of such Guarantor under its Guarantee and any other Indebtedness of such Guarantor (whether outstanding on the Effective Date or thereafter incurred) that specifically provides that such Indebtedness is to rank equally in right of payment with the obligations of such Guarantor under its Guarantee and is not expressly subordinated by its terms in right of payment to any Indebtedness of such Guarantor which is not Guarantor Senior Debt of such Guarantor.

Guarantor Senior Subordinated Indebtedness means, as to any Guarantor, Senior Subordinated Indebtedness of such Guarantor, it being understood that for purposes of this definition, all references to the Company in the definition of Senior Subordinated Indebtedness shall be deemed references to such Guarantor.

Guarantor Senior Subordinated Indebtedness means with respect to a Guarantor, the obligations of such Guarantor under the Note Guarantee and any other Indebtedness of such Guarantor (whether outstanding on the date of this Indenture or thereafter incurred) that specifically provides that such Indebtedness is to rank pari passu in right of payment with the obligations of such Guarantor under the Note Guarantee and is not expressly subordinated by its terms in right of payment to any Indebtedness of such Guarantor which is not Guarantor Senior Indebtedness of such Guarantor.

Guarantor Senior Subordinated Indebtedness terms in right of payment to any Indebtedness of such Subsidiary Guarantor which is not Guarantor Senior Indebtedness of such Subsidiary Guarantor.

Guarantor Senior Subordinated Indebtedness means, with respect to a Guarantor, the Obligations of such Guarantor in respect of its Guarantee of the notes and any other Indebtedness of such Guarantor (whether outstanding on the Issue Date or thereafter incurred or issued) that specifically provides that such Indebtedness is to rank equally in right of payment with the Obligations of such Guarantor in respect of its Guarantee of the notes.

Guarantor Senior Subordinated Indebtedness means with respect to a Subsidiary Guarantor, (i) the obligations of such Subsidiary Guarantor under its Subsidiary Guarantee, (ii) the Guarantee of payment of the ETC Notes by such Subsidiary Guarantor, if any, pursuant to the terms of the related indenture or participation agreement or, in the case of HCLP, its payment obligations under the Leases, (iii) the Guarantee of payment of the 8.625% Notes by such Subsidiary Guarantor, if any, pursuant to the terms of the Original Indenture as supplemented and amended by the First Supplemental Indenture of even date therewith, (iv) the Guarantee of the payment of the 9% Notes by such Subsidiary Guarantor, if any, pursuant to the terms of the Original Indenture as supplemented and amended by the Third Supplemental Indenture dated as of June 1, 2004, and (v) any other Indebtedness of such Subsidiary Guarantor (whether outstanding on the date of this Supplemental Indenture or thereafter Incurred) that (x) specifically provides that such Indebtedness is to rank pari passu in right of payment with the obligations of such Subsidiary Guarantor under the Subsidiary Guarantee and (y) is not contractually subordinated by its terms in right of payment to any Indebtedness of such Subsidiary Guarantor which is not Guarantor Senior Indebtedness of such Subsidiary Guarantor.

Guarantor Senior Subordinated Indebtedness means, as to that for the purpose of this definition, all references to the Company in the definition of definition of Senior Subordinated Indebtedness shall be deemed references to such Guarantor, any Guarantor, Senior Indebtedness of such Guarantor, it being understood.