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Group banks serve companies and customers all through the nation. Subordinated Debt shall mean all Debt of Borrowers, incurred each prior to and after the Closing Date, which always during the time period of this Agreement is (a) subordinated to Borrowers’ Obligations hereunder pursuant to a written subordination settlement or in subordination provisions in the paperwork governing such Debt, the phrases of that are passable to Required Lenders in their Permitted Discretion as of the date of such subordination agreement or as of the date such documents governing such Debt are entered into; or (b) subordinated, in a fashion moderately passable to Required Lenders as of the date such Debt is incurred, to Debtors’ Obligations hereunder.

Promptly after receipt of a Discover of Borrowing (or telephonic notice in lieu thereof) pursuant to subparagraph 2.2(b), Agent shall elect, in its discretion, (i) to have the terms of subparagraph 2.2(g) apply to such requested Borrowing, or (ii) to request Bank of America to make a Non-Ratable Mortgage pursuant to the phrases of subparagraph 2.2(h) in the quantity of the requested Borrowing; offered, however, that if Financial institution of America declines in its sole discretion to make a Non-Ratable Mortgage pursuant to subparagraph …

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