hat the parties understood that the Second-Lien Notes constituted Senior Indebtedness. See 531 B.R at 331 n.7. First, MPM repeatedly represented to the Securities Exchange Commission and to the financial community that the Second-Lien Notes were Senior Indebtedness. It did so in its prospectuses, 8-Ks and 10-Ks. For example, it

and by Barn, Germany's Federal Financial Supervisory Authority, and is subject to limited regulation in the United Slates by the Federal Reserve and the Securities Exchange Commission. Deutsche Bank AG is a joint shack corporation with limaed lability incorporated in the Federal Republic of Germany. Local Court of Frankfurt am Mai

applied. So long as Grantor is a reporting company under the Securities Exchange Act of 1934 and is timely filing the reports required thereunder to the Securities Exchange Commission, Grantor will have no obligation to furnish its financial statements as provided above. Section 2.12 Late Payments. If Grantor fails to pay any am

applied. So long as Grantor is a reporting company under the Securities Exchange Act of 1934 and is timely filing the reports required thereunder to the Securities Exchange Commission, Grantor will have no obligation to furnish its financial statements as provided above. Section 2.12 late Payments. If Grantor fails to pay any am