Senior Indebtedness means the principal of, and premium, if any, and interest, including interest accruing after the commencement of any bankruptcy proceeding relating to the Company, on, or substantially similar payments the Company makes in respect of the following categories of debt, whether that debt is outstanding on the date of execution of this First Supplemental Indenture or thereafter incurred, created or assumed:
(1) indebtedness evidenced by notes, debentures, or bonds or other securities issued under the provisions of any indenture, fiscal agency agreement, debenture or note purchase agreement or other agreement, including any senior debt securities that may be offered, including by means of a base prospectus and one or more prospectus supplements;
(2) indebtedness for money borrowed or represented by purchase-money obligations, as defined below;
(3) indebtedness to general creditors;
(4) obligations as lessee under leases of property whether made as part of a sale and leaseback transaction to which the Company is a party or otherwise;
(5) indebtedness, obligations and liabilities of others in respect of which the Company is liable contingently or otherwise to pay or advance money or property or as guarantor, endorser or otherwise or which the Company has agreed to purchase or otherwise acquire and indebtedness of partnerships and joint ventures that is included in the Companys consolidated financial statements;
(6) reimbursement and other obligations relating to letters of credit, bankers acceptances and similar obligations;
(7) obligations under various hedging arrangements and agreements, including interest rate and currency hedging agreements and swap and nonswap forward agreements;
(8) all of the Companys obligations issued or assumed as the deferred purchase price of property or services, but excluding trade accounts payable and accrued liabilities arising in the ordinary course of business; and
(9) deferrals, renewals or extensions of any of the indebtedness or obligations described in the clauses above.
However, Senior Indebtedness excludes:
(1) any indebtedness, obligation or liability referred to in the definition of Senior Indebtedness above as to which, in the instrument creating, governing or evidencing that indebtedness, obligation or liability, it is expressly provided that such indebtedness, obligation or liability is not senior in right of payment to, is junior in right of payment to, or ranks equally in right of payment with, other specified types of indebtedness, obligations and liabilities of the Company, which other specified types of indebtedness, obligations and liabilities of the Company include the Notes;
(2) any indebtedness, obligation or liability that is subordinated to other of the Companys indebtedness, obligations or liabilities to substantially the same extent as or to a greater extent than the Notes are subordinated;
(3) all obligations to trade creditors created or assumed by the Company in the ordinary course of business; and
(4) the Notes and any other securities issued pursuant to the Indenture and the Companys outstanding junior subordinated debentures and, unless expressly provided in the terms thereof, any of the Companys indebtedness to the Companys subsidiaries.
As used above, the term purchase-money obligations means indebtedness, obligations evidenced by a note, debenture, bond or other instrument, whether or not secured by a lien or other security interest, issued to evidence