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This excerpt taken from the EYE 8-K filed Apr 3, 2007. 8.21 Designated Senior Indebtedness. Incur or permit to exist any Indebtedness (other than Indebtedness under the Loan Documents) if the instrument governing such Indebtedness states, or the Borrower otherwise purports to designate, that such Indebtedness is “Designated Senior Indebtedness” or “Senior Indebtedness” (or other comparable term) as such term is defined in the 2004 Convertible Senior Subordinated Notes Documents, the 2005 Convertible Senior Subordinated Notes Documents, the 2006 Convertible Senior Subordinated Notes Documents, the 2007 Senior Subordinated Notes Documents or in any documentation governing any Additional Subordinated Indebtedness. |
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