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This excerpt taken from the EYE 8-K filed Apr 3, 2007. 6.21 Senior Indebtedness. (a) All Obligations hereunder and under the other Loan Documents are within the definitions of, and are designated as, Senior Indebtedness and Designated Senior Indebtedness (or any analogous term) included in the subordination provisions contained in the 2004 Convertible Senior Subordinated Notes Documents, the 2005 Convertible Senior Subordinated Notes Documents, the 2006 Convertible Senior Subordinated Notes Documents and the 2007 Senior Subordinated Notes Documents. There exists no Designated Senior Indebtedness for purposes of, and as defined in, the 2004 Convertible Senior Subordinated Notes Documents, the 2005 Convertible Senior Subordinated Notes Documents, the 2006 Convertible Senior Subordinated Notes Documents and the 2007 Senior Subordinated Notes Documents (other than the Obligations). (b) All Obligations hereunder and under the other Loan Documents are within the definitions of Senior Indebtedness and Designated Senior Indebtedness included in the subordination provisions contained in the documentation governing any Additional Subordinated Indebtedness. There exists no Designated Senior Indebtedness for purposes of, and as defined in, the documentation governing any Additional Subordinated Indebtedness (other than the Obligations). |
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