“Special Unsecured Indebtedness” means Indebtedness of an Obligor issued after the First Omnibus Amendment Effective Date (which may be Guaranteed by Subsidiary Guarantors) that # has no amortization prior to, and a final maturity date not earlier than, the Extended Final Maturity Date (it being understood that # none of: # the conversion features under convertible notes; # the triggering and/or settlement thereof or # any cash payment made in respect thereof, shall constitute “amortization” for purposes of this clause (a); and # any mandatory amoritization that is contingent upon the happening of an event that is not certain to occur (including a change of control or bankruptcy) shall not in and of itself be deemed to disquality such Indetedness under this clause (a)), # is incurred pursuant to terms that are substantially comparable to market terms for substantially similar debt of other similarly situated borrowers as reasonably determined in good faith by the Borrower or, if such transaction is not one in which there are market terms for substantially similar debt of other similarly situated borrowers, on terms that are negotiated in good faith on an arm’s length basis (except, in each case, other than financial covenants and events of default (other than events of default customary in indentures or similar instruments that have no analogous provisions in this Agreement or credit agreements generally), which shall be no more restrictive on the Borrower and its Subsidiaries, while any Loans or the Commitments are outstanding, than those set forth in the Loan Documents; provided that, upon the Borrower’s written request in connection with the incurrence of any Special Unsecured Indebtedness that otherwise would not meet the requirements set forth in this parenthetical of this clause (b), the Borrower and the Administrative Agent (on behalf of the Lenders) shall promptly enter into a written amendment to this Agreement making changes necessary such that the financial covenants and events of default, as applicable, in this Agreement shall be as restrictive as such provisions in the Special Unsecured Indebtedness (it being understood that put rights or repurchase or redemption obligations # in the case of convertible securities, in connection with the suspension or delisting of the capital stock of the Borrower or the failure of the Borrower to satisfy a continued listing rule with respect to its capital stock or # arising out of circumstances that would constitute a “fundamental change” (as such term is customarily defined in convertible note offerings) or be Events of Default under this Agreement shall not be deemed to be more restrictive for purposes of this definition) and # is not secured by any assets of any Obligor;

“Special Unsecured Indebtedness” means Indebtedness of an Obligor issued after the First Omnibus Amendment Effective Date (which may be Guaranteed by Subsidiary Guarantors) that # has no amortization prior to, and a final maturity date not earlier than, the Final Maturity Date (it being understood that none of: # the conversion features under convertible notes; # the triggering and/or settlement thereof or # any cash payment made in respect thereof, shall constitute “amortization” for purposes of this clause (a)), # is incurred pursuant to terms that are substantially comparable to market terms for substantially similar debt of other similarly situated borrowers as reasonably determined in good faith by the Borrower or, if such transaction is not one in which there are market terms for substantially similar debt of other similarly situated borrowers, on terms that are negotiated in good faith on an arm’s length basis (except, in each case, other than financial covenants and events of default (other than events of default customary in indentures or similar instruments that have no analogous provisions in this Agreement or credit agreements generally), which shall be no more restrictive on the Borrower and its Subsidiaries, while any Loans or the Commitments are outstanding, than those set forth in the Loan Documents; provided that, upon the Borrower’s written request in connection with the incurrence of any Special Unsecured Indebtedness that otherwise would not meet the requirements set forth in this parenthetical of this clause (b), the Borrower and the Administrative Agent (on behalf of the Lenders) shall promptly enter into a written amendment to this Agreement making changes necessary such that the financial covenants and events of default, as applicable, in this Agreement shall be as restrictive as such provisions in the Special Unsecured Indebtedness (it being understood that put rights or repurchase or redemption obligations # in the case of convertible securities, in connection with the suspension or delisting of the capital stock of the Borrower or the failure of the Borrower to satisfy a continued listing rule with respect to its capital stock or # arising out of circumstances that would constitute a “fundamental change” (as such term is customarily defined in convertible note offerings) or be Events of Default under this Agreement shall not be deemed to be more restrictive for purposes of this definition) and # is not secured by any assets of any Obligor; provided that Special Unsecured Indebtedness shall not include any Indebtedness permitted pursuant to [Section 6.01(o)].

“Special Unsecured Indebtedness” means Indebtedness of an Obligor issued after the Twelfth Amendment Effective Date (which may be Guaranteed by Subsidiary Guarantors) that # has no amortization prior to, and a final maturity date not earlier than, five years from the date such Indebtedness is issued (it being understood that # none of: # the conversion features under convertible notes; # the triggering and/or settlement thereof or # any cash payment made in respect thereof, shall constitute “amortization” for purposes of this clause (a); and # any mandatory amortization that is contingent upon the happening of an event that is not certain to occur (including a change of control or bankruptcy) shall not in and of itself be deemed to disqualify such Indebtedness under this clause (a)), # is incurred pursuant to documentation containing # covenants and events of default that are not materially more burdensome on the Borrower than those set forth in the Loan Documents or # terms substantially comparable to market terms for substantially similar debt of other similarly situated borrowers as determined by the Borrower in its reasonable judgment and # is not secured by any assets of any Obligor; provided that Special Unsecured Indebtedness shall not include any Indebtedness permitted pursuant to [Section 6.01(l)].

“Special Unsecured Indebtedness” means Indebtedness of an Obligor issued after the Eighth Amendment Effective Date (which may be Guaranteed by Subsidiary Guarantors) that # has no amortization prior to, and a final maturity date not earlier than, five years from the date such Indebtedness is issued (it being understood that none of: # the conversion features under convertible notes; # the triggering and/or settlement thereof or # any cash payment made in respect thereof, shall constitute “amortization” for purposes of this clause (a)), # is incurred pursuant to documentation containing # covenants and events of default that are not materially more burdensome on the Borrower than those set forth in the Loan Documents or # terms substantially comparable to market terms for substantially similar debt of other similarly situated borrowers as determined by the Borrower in its reasonable judgment and # is not secured by any assets of any Obligor; provided that Special Unsecured Indebtedness shall not include any Indebtedness permitted pursuant to [Section 6.01(l)].

“Special Unsecured Indebtedness” means Indebtedness of an Obligor issued after the Tenth Amendment Effective Date (which may be Guaranteed by Subsidiary Guarantors) that # has no amortization prior to, and a final maturity date not earlier than, five years from the date such Indebtedness is issued (it being understood that none of: # the conversion features under convertible notes; # the triggering and/or settlement thereof or # any cash payment made in respect thereof, shall constitute “amortization” for purposes of this clause (a)), # is incurred pursuant to documentation containing # covenants and events of default that are not materially more burdensome on the Borrower than those set forth in the Loan Documents or # terms substantially comparable to market terms for substantially similar debt of other similarly situated borrowers as determined by the Borrower in its reasonable judgment and # is not secured by any assets of any Obligor; provided that Special Unsecured Indebtedness shall not include any Indebtedness permitted pursuant to [Section 6.01(l)].

“Special Unsecured Indebtedness” means Indebtedness of an Obligor issued after the Ninth Amendment Effective Date (which may be Guaranteed by Subsidiary Guarantors) that # has no amortization prior to, and a final maturity date not earlier than, five years from the date such Indebtedness is issued (it being understood that none of: # the conversion features under convertible notes; # the triggering and/or settlement thereof or # any cash payment made in respect thereof, shall constitute “amortization” for purposes of this clause (a)), # is incurred pursuant to documentation containing # covenants and events of default that are not materially more burdensome on the Borrower than those set forth in the Loan Documents or # terms substantially comparable to market terms for substantially similar debt of other similarly situated borrowers as determined by the Borrower in its reasonable judgment and # is not secured by any assets of any Obligor; provided that Special Unsecured Indebtedness shall not include any Indebtedness permitted pursuant to [Section 6.01(l)].

“Special Unsecured Indebtedness” means Indebtedness of an Obligor issued after the Sixth Amendment Effective Date (which may be Guaranteed by Subsidiary Guarantors) that # has no amortization prior to, and a final maturity date not earlier than, five years from the date such Indebtedness is issued (it being understood that none of: # the conversion features

“Unsecured Longer-Term Indebtedness” means any Indebtedness of an Obligor (which may be Guaranteed by Subsidiary Guarantors) that # has no amortization prior to, and a final maturity date not earlier than, six months after the Final Maturity Date (it being understood that # none of: # the conversion features under convertible notes; # the triggering and/or settlement thereof or # any cash payment made in respect thereof, shall constitute “amortization” for purposes of this clause (a); and # any mandatory amortization that is contingent upon the happening of an event that is not certain to occur (including a change of control or bankruptcy) shall not in and of itself be deemed to disqualify such Indebtedness under this clause (a)), # is incurred pursuant to terms that are substantially comparable to market terms for substantially similar debt of other similarly situated borrowers as reasonably determined in good faith by the Borrower or, if such transaction is not one in which there are market terms for substantially similar debt of other similarly situated borrowers, on terms that are negotiated in good faith on an arm’s length basis (except, in each case, other than financial covenants and events of default (other than events of default customary in indentures or similar instruments that have no analogous provisions in this Agreement or credit agreements generally), which shall be no more restrictive upon the Borrower and its Subsidiaries, while any Loans or the Commitments are outstanding, than those set forth in the Loan Documents; provided that, upon the Borrower’s written request in connection with the incurrence of any Unsecured Longer-Term Indebtedness that otherwise would not meet the requirements set forth in this parenthetical of this clause (b), the Borrower and the Administrative Agent (on behalf of the Lenders) shall promptly enter into a written amendment to this Agreement making changes necessary such that the financial covenants and events of default, as applicable, in this Agreement shall be as restrictive as such provisions in the Unsecured Longer-Term Indebtedness (it being understood that put rights or repurchase or redemption obligations # in the case of convertible securities, in connection with the suspension or delisting of the capital stock of the Borrower or the failure of the Borrower to satisfy a continued listing rule with respect to its capital stock or # arising out of circumstances that would constitute a “fundamental change” (as such term is customarily defined in convertible note offerings) or be Events of Default under this Agreement shall not be deemed to be more restrictive for purposes of this definition) and # is not secured by any assets of any Obligor. For the avoidance of doubt the conversion of all or any portion of any Permitted Convertible Indebtedness constituting Unsecured Longer-Term Indebtedness into Permitted Equity Interests in accordance with [Section 6.12(a)], shall not cause such Indebtedness to be designated as Unsecured Shorter-Term Indebtedness hereunder. and # is not secured by any assets of any Obligor.

“Unsecured Longer-Term Indebtedness” means any Indebtedness of an Obligor (which may be Guaranteed by Subsidiary Guarantors) that # has no amortization prior to, and a final maturity date not earlier than, six months after the Extended Final Maturity Date (it being understood that # none of: # the conversion features under convertible notes; # the triggering and/or settlement thereof or # any cash payment made in respect thereof, shall constitute “amortization” for purposes of this clause (a); and # any mandatory amortization that is contingent upon the happening of an event that is not certain to occur (including a change of control or bankruptcy) shall not in and of itself be deemed to disqualify such Indebtedness under this clause (a)), # is incurred pursuant to documentation that is substantially comparable to market terms for substantially similar debt of other similarly situated borrowers as determined by the Borrower in its reasonable judgment and # is not secured by any assets of any Obligor.

“Unsecured Longer-Term Indebtedness” means any Indebtedness of an Obligor (which may be Guaranteed by Subsidiary Guarantors) that # has no amortization prior to, and a final maturity date not earlier than, six months after the Final Maturity Date (it being understood that # none of: # the conversion features under convertible notes; # the triggering and/or settlement thereof or # any cash payment made in respect thereof, shall constitute “amortization” for purposes of this clause (a); and # any mandatory amortization that is contingent upon the happening of an event that is not certain to occur (including a change of control or bankruptcy) shall not in and of itself be deemed to disqualify such Indebtedness under this clause (a)), # is incurred pursuant to terms that are substantially comparable to market terms for substantially similar debt of other similarly situated borrowers as reasonably determined in good faith by the Borrower or, if such transaction is not one in which there are market terms for substantially similar debt of other similarly situated borrowers, on terms that are negotiated in good faith on an arm’s length basis (except, in each case, other than financial covenants and events of default (other than events of default customary in indentures or similar instruments that have no analogous provisions in this Agreement or credit agreements generally), which shall be no more restrictive upon the Borrower and its Subsidiaries, while any Loans or the Commitments are outstanding, than those set forth in the Loan Documents; provided that, upon the Borrower’s written request in connection with the incurrence of any Unsecured Longer-Term Indebtedness that otherwise would not meet the requirements set forth in this parenthetical of this clause (b), the Borrower and the