Common use of Additional Secured Obligations Clause in Contracts

Additional Secured Obligations. On or after the Issue Date the Issuers may from time to time designate additional Pari Passu Lien Obligations (as defined in the Indenture) of the Issuers or any Guarantor permitted to be Incurred under the Indenture and to be secured by a Lien on the Collateral (as defined in the Indenture) permitted by the Indenture as additional Secured Obligations hereunder (“Additional Secured Obligations”) by delivering to the Collateral Agent and each Authorized Representative (a) a certificate signed by the chief financial officer of the Issuers (i) identifying the Class of obligations so designated and the aggregate principal amount or face amount thereof, stating that such Class of obligations is designated as an Additional Secured Obligation for purposes hereof, (ii) representing that such designation of such Class of obligations as an Additional Secured Obligation complies with the terms of each of the Secured Agreements and (iii) specifying the name and address of the Authorized Representative for such Class of obligations, (b) a fully executed Additional Secured Party Joinder (in the form attached as Exhibit 6); and (c) an Opinion of Counsel to the effect that the designation of such Class of obligations as “Additional Secured Obligations” is in compliance with the terms of the Indenture. Each Authorized Representative agrees that upon the satisfaction of all conditions set forth in the preceding sentence, the Collateral Agent shall act as agent under and subject to the terms of this Agreement for the benefit of all Secured Parties, including without limitation, any Secured Parties that hold any such Additional Secured Obligations, and each Authorized Representative agrees to the appointment, and acceptance of the appointment, of the Collateral Agent as agent for the holders of such Additional Secured Obligations as set forth in each Additional Secured Party Joinder and agrees, on behalf of itself and each Additional Secured Party it represents, to be bound by this Agreement.

Additional Secured Obligations. On or after the Issue Date the Issuers The Borrower may from time to time designate additional Pari Passu Lien Permitted Additional Secured Obligations (as defined in the Indenture) of the Issuers or any Guarantor permitted to be Incurred under the Indenture and to be secured by a Lien on the Collateral (as defined in the Indenture) permitted by the Indenture as additional Secured Obligations hereunder by (“Additional Secured Obligations”a) by delivering to the Collateral Agent and each Authorized Representative (a) a certificate signed by the chief financial officer of the Issuers (i) identifying the Class of obligations so designated and the aggregate principal amount or face amount thereof, stating that such Class of obligations is designated as Corporate Trustee an Additional Secured Obligation for purposes hereof, (ii) representing that such designation Obligations Designation in respect of such Class of obligations as an Permitted Additional Secured Obligation complies Obligations describing such Permitted Additional Secured Obligations and specifying whether such Permitted Additional Secured Obligations shall constitute Bank Facility Obligations, Vendor Facility Obligations, Public Debt Obligations, Other Facility Obligations or Hedging Agreement Obligations and attaching thereto a true and complete copy of all agreements (together with all schedules, exhibits, annexes, appendices and other attachments thereto), including but not limited to the terms of each of applicable Secured Instruments, relating to such Permitted Additional Secured Obligations to which the Secured Agreements Borrower or any Affiliate thereof is a party, and (iii) specifying the name and address of the Authorized Representative for such Class of obligations, (b) a fully executed Additional Secured Party Joinder (fulfilling the requirements of subsection 4.8(b) in the form attached as Exhibit 6); and (c) an Opinion of Counsel to the effect that the designation of such Class of obligations as “Additional Secured Obligations” is in compliance with the terms of the Indenture. Each Authorized Representative agrees that upon the satisfaction of all conditions set forth in the preceding sentence, the Collateral Agent shall act as agent under and subject to the terms of this Agreement for the benefit of all Secured Parties, including without limitation, any Secured Parties that hold any such Additional Secured Obligations, and each Authorized Representative agrees to the appointment, and acceptance of the appointment, of the Collateral Agent as agent for the holders respect of such Additional Secured Obligations as set forth in each Designation. Upon completion of the actions described clauses (a) and (b) of the preceding sentence, but subject to the following sentence, the Permitted Additional Secured Party Joinder and agrees, on behalf of itself and each Obligations designated by such Additional Secured Party it representsObligations Designation shall constitute Secured Obligations. Notwithstanding anything herein to the contrary, to in no event shall any indebtedness or other obligations of the Borrower constitute Additional Secured Obligations hereunder if the designation of such indebtedness or other obligations as Additional Secured Obligations would be bound by this Agreementin contravention of any Secured Instrument, and any purported designation of any such indebtedness or other obligations of the Borrower as Additional Secured Obligations in violation of any Secured Instrument shall be null and void and of no force or effect.

Additional Secured Obligations. On or after the Issue Date the Issuers may date hereof and from time to time designate additional Pari Passu Lien Obligations (as defined in time, upon the Indenture) of the Issuers or compliance by any Guarantor permitted to be Incurred under the Indenture and to be secured by a Lien on the Collateral (as defined in the Indenture) permitted by the Indenture as additional Secured Obligations hereunder (“Additional Secured Obligations”) by delivering to the Collateral Agent and each Authorized Representative (a) a certificate signed by the chief financial officer of the Issuers (i) identifying the Class of obligations so designated and the aggregate principal amount or face amount thereof, stating that such Class of obligations is designated as an Additional Secured Obligation for purposes hereof, (ii) representing that such designation of such Class of obligations as an Additional Secured Obligation complies Debtholder with the terms of each Section 6.18 of the Secured Agreements and (iii) specifying Collateral Agency Agreement, the name and address of the Authorized Representative for such Class of obligations, (b) a fully executed Additional Secured Party Joinder (in the form attached as Exhibit 6); and (c) an Opinion of Counsel to the effect that the designation Obligations of such Class of obligations as “Additional Secured Obligations” is in compliance with the terms of the IndentureDebtholder shall be deemed to be Additional Secured Obligations hereunder. Each Authorized Representative agrees that upon the satisfaction of all conditions set forth in the preceding sentenceprovisions of such Section 6.18 of the Collateral Agency Agreement, the Collateral Agent shall act as agent under and subject to the terms of this Agreement and the Collateral Agency Agreement for the benefit of all Secured Parties, including without limitation, any Additional Secured Parties Debtholders that hold any such Additional Secured Obligations, and each Authorized Representative agrees to the appointment, and acceptance of the appointment, of the Collateral Agent as agent for the holders of such Additional Secured Obligations as set forth in each the Additional Secured Party Debt Notice and Joinder Agreement, and agreesthe Authorized Representative providing such Additional Secured Debt Notice and Joinder Agreement shall, on behalf of itself and each Additional Secured Party Debtholder it represents, to be bound by this Agreement. For purposes of this Agreement, all Obligations arising under or in connection with the Notes (including Additional Notes) constitute Note Obligations rather than Additional Secured Obligations; however upon the issuance of Additional Notes, the Company shall deliver to the Collateral Agent a certificate signed by the chief financial officer of the Company setting forth the particulars of the Additional Notes including the aggregate principal amount or face amount thereof and certifying that such issuance of Additional Notes complies with the terms of the Indenture.

Additional Secured Obligations. On or after the Issue Date date hereof, the Issuers may from time to time designate additional Pari Passu Lien Obligations (as defined in the Indenture) of the Issuers or any Guarantor permitted to be Incurred under the Indenture and to be secured by a Lien on the Collateral (as defined in the Indenture) permitted by the Indenture as additional Secured Obligations hereunder (the “Additional Secured Obligations”) by delivering to the Collateral Agent and each Authorized Representative (a) a certificate signed by the chief financial officer of the Issuers (i) identifying the Class of obligations so designated and the aggregate principal amount or face amount thereof, stating that such Class of obligations is are designated as an Additional Secured Obligation Obligations for purposes hereof, (ii) representing that such designation of such Class of obligations as an Additional Secured Obligation Obligations complies with the terms of each of the Secured Agreements Indenture and (iii) specifying the name and address of the Authorized Representative for such Class of obligations, and (b) a fully executed Additional Secured Party Creditor Joinder (in the form attached as Exhibit 6Schedule “B”); and (c) an Opinion of Counsel to the effect that the designation of such Class of obligations as “Additional Secured Obligations” is in compliance with the terms of the Indenture. Each Authorized Representative agrees that upon the satisfaction of all conditions set forth in the preceding sentence, the Collateral Agent shall act as agent under and subject to the terms of this Agreement Debenture for the benefit of all Secured PartiesCreditors, including without limitation, any Additional Secured Parties Creditors that hold any such Additional Secured Obligations, and each Authorized Representative agrees to the appointment, and acceptance of the appointment, of the Collateral Agent as agent for the holders of such Additional Secured Obligations as set forth in each the Additional Secured Party Creditor Joinder, and the Authorized Representative providing such Additional Secured Creditor Joinder and agreesshall, on behalf of itself and each Additional Secured Party Creditor it represents, to be bound by this Agreement.this

Additional Secured Obligations. On or after the Issue Date and so long as permitted by the Issuers Indenture, the Company may from time to time designate additional Pari Passu Lien Obligations (as defined in the Indenture) of the Issuers Company or any Guarantor permitted to be Incurred under the Indenture and to be secured by a Lien on the Collateral (as defined in the Indenture) permitted by the Indenture as additional Secured Obligations hereunder (“Additional Secured Obligations”) by delivering to the Collateral Agent and each Authorized Representative (a) a certificate signed by the chief financial officer an Authorized Officer of the Issuers Company (i) identifying the Class of obligations so designated and the aggregate principal amount or face amount thereof, stating that such Class of obligations is are designated as an Additional Secured Obligation Obligations for purposes hereof, (ii) representing that such designation of such Class of obligations as an Additional Secured Obligation Obligations complies with the terms of each of the Indenture Documents and the applicable Additional Secured Agreements Debt Documents and (iii) specifying the name and address of the Authorized Representative for such Class of obligations, (b) a fully executed Additional Secured Party Joinder Consent (in the form attached as Exhibit 6Annex C); and (c) an Opinion of Counsel to the effect that the designation of such Class of obligations as “Additional Secured Obligations” is in compliance with the terms of the IndentureIndenture and the Notes. Each Authorized Representative agrees that upon the satisfaction of all conditions set forth in the preceding sentence, the Collateral Agent shall act as agent under and subject to the terms of this Agreement for the benefit of all Secured Parties, including without limitation, any Secured Parties that hold any such Additional Secured Obligations, and each Authorized Representative agrees to the appointment, and acceptance of the appointment, of the Collateral Agent as agent for the holders of such Additional Secured Obligations as set forth in each Additional Secured Party Joinder Consent and agrees, on behalf of itself and each Additional Secured Party it represents, to be bound by this Agreement.. [SIGNATURE PAGES FOLLOW]

Additional Secured Obligations. On or after the Issue Date and so long as permitted by the Issuers Indenture, the Company may from time to time designate additional Pari Passu Lien Obligations (as defined in the Indenture) of the Issuers Company or any Guarantor permitted to be Incurred under the Indenture and to be secured by a Lien on the Collateral (as defined in the Indenture) permitted by the Indenture as additional Secured Obligations hereunder (“Additional Secured Obligations”) by delivering to the Collateral Agent and each Authorized Representative (a) a certificate signed by the chief financial officer an Authorized Officer of the Issuers Company (i) identifying the Class of obligations so designated and the aggregate principal amount or face amount thereof, stating that such Class of obligations is are designated as an Additional Secured Obligation Obligations for purposes hereof, (ii) representing that such designation of such Class of obligations as an Additional Secured Obligation Obligations complies with the terms of each of the Indenture Documents and the applicable Additional Secured Agreements Debt Documents and (iii) specifying the name and address of the Authorized Representative for such Class of obligations, (b) a fully executed Additional Secured Party Joinder Consent (in the form attached as Exhibit 6Annex B); and (c) an Opinion of Counsel to the effect that the designation of such Class of obligations as “Additional Secured Obligations” is in compliance with the terms of the IndentureIndenture and the Notes. Each Authorized Representative agrees that upon the satisfaction of all conditions set forth in the preceding sentence, the Collateral Agent shall act as agent under and subject to the terms of this Agreement for the benefit of all Secured Parties, including without limitation, any Secured Parties that hold any such Additional Secured Obligations, and each Authorized Representative agrees to the appointment, and acceptance of the appointment, of the Collateral Agent as agent for the holders of such Additional Secured Obligations as set forth in each Additional Secured Party Joinder Consent and agrees, on behalf of itself and each Additional Secured Party it represents, to be bound by this Agreement.

Additional Secured Obligations. On or after the Issue Date date hereof, the Issuers may from time to time designate additional Pari Passu First Lien Obligations (as defined in the Indenture) of the Issuers or any Guarantor permitted to be Incurred under the Indenture and to be secured by a Lien on the Collateral (as defined in the Indenture) permitted by the Indenture as additional Secured Obligations hereunder (the “Additional Secured Obligations”) by delivering to the Collateral Agent and each Authorized Representative (a) a certificate signed by the chief financial officer of the Issuers (i) identifying the Class of obligations so designated and the aggregate principal amount or face amount thereof, stating that such Class of obligations is are designated as an Additional Secured Obligation Obligations for purposes hereof, (ii) representing that such designation of such Class of obligations as an Additional Secured Obligation Obligations complies with the terms of each of the Secured Agreements Indenture and (iii) specifying the name and address of the Authorized Representative for such Class of obligations, ; and (b) a fully executed Additional Secured Party Creditor Joinder (in the form attached as Exhibit 6Schedule E); and (c) an Opinion of Counsel to the effect that the designation of such Class of obligations as “Additional Secured Obligations” is in compliance with the terms of the Indenture. Each Authorized Representative agrees that upon the satisfaction of all conditions set forth in the preceding sentence, the Collateral Agent shall act as agent under and subject to the terms of this Agreement for the benefit of all Secured PartiesCreditors, including without limitation, any Additional Secured Parties Creditors that hold any such Additional Secured Obligations, and each Authorized Representative agrees to the appointment, and acceptance of the appointment, of the Collateral Agent as agent for the holders of such Additional Secured Obligations as set forth in each the Additional Secured Party Creditor Joinder, and the Authorized Representative providing such Additional Secured Creditor Joinder and agreesshall, on behalf of itself and each Additional Secured Party Creditor it represents, to be bound by this Agreement. For purposes of this Agreement, all Obligations arising under or in connection with the Notes (including Additional Notes and Exchange Notes) constitute Note Obligations rather than Additional Secured Obligations; however upon the issuance of Additional Notes, the Issuers shall deliver to the Collateral Agent a certificate signed by the chief financial officer of the Issuers setting forth the particulars of the Additional Notes including the aggregate principal amount or face amount thereof and certifying that such issuance of First Lien Obligations complies with the terms of the Indenture.

Additional Secured Obligations. On or after the Issue Date date hereof, the Issuers Issuer may from time to time designate additional Pari Passu Lien Obligations (as defined in the Indenture) Indebtedness of the Issuers Issuer or any Guarantor permitted to be Incurred incurred under the Indenture and to be secured by a Lien on the Pledged Collateral, Foreign Collateral (as defined in the Indenture) or Mortgaged Property permitted by the Indenture as Additional Secured Obligations and as additional Secured Obligations hereunder (“Additional Secured Obligations”) by delivering to the Collateral Agent and each Authorized Representative (a) a certificate signed by the chief financial officer an Officer of the Issuers Issuer (i) identifying the Class of obligations so designated and the aggregate principal amount or face amount thereof, stating that such Class of obligations is are designated as an Additional Secured Obligation Obligations and Secured Obligations for purposes hereof, (ii) representing that such designation of such Class of obligations as an Additional Secured Obligation Obligations complies with the terms of each of the Secured Agreements and (iii) specifying the name and address of the Authorized Representative for such Class of obligations, (b) a fully executed Additional Secured Party Joinder (in the form attached as Exhibit 611); and (c) an Opinion of Counsel to the effect that the designation of such Class of obligations as “Additional Secured Obligations” is in compliance with the terms of the Indenture. Each Authorized Representative agrees that upon the satisfaction of all conditions set forth in the preceding sentence, the Collateral Agent shall act as agent under and subject to the terms of this Agreement for the benefit of all Secured Parties, including without limitation, any Secured Parties that hold any such Additional Secured Obligations, and each Authorized Representative agrees to the appointment, and acceptance of the appointment, of the Collateral Agent as agent for the holders of such Additional Secured Obligations as set forth in each Additional Secured Party Joinder and agrees, on behalf of itself and each Additional Secured Party it represents, to be bound by this Agreement.

Additional Secured Obligations. On or after the Issue Date date hereof, the Issuers Issuer may from time to time designate additional Pari Passu Lien Obligations (as defined in the Indenture) Indebtedness of the Issuers Issuer or any Guarantor permitted to be Incurred incurred under the Indenture and each then extant Additional Secured Debt Agreement and to be secured by a Lien on the Pledged Collateral, Foreign Collateral (as defined in the Indenture) or Mortgaged Property permitted by the Indenture and each then extant Additional Secured Debt Agreement as Additional Secured Obligations and as additional Secured Obligations hereunder (“Additional Secured Obligations”) by delivering to the Collateral Agent and each Authorized Representative (a) a certificate signed by the chief financial officer an Officer of the Issuers Issuer (i) identifying the Class of obligations so designated and the aggregate principal amount or face amount thereof, stating that such Class of obligations is are designated as an Additional Secured Obligation Obligations and Secured Obligations for purposes hereofhereof and the Indenture, (ii) representing that such designation of such Class of obligations as an Additional Secured Obligation Obligations complies with the terms of each of the Secured Agreements and (iii) specifying the name and address of the Authorized Representative for such Class of obligations, (b) except in the case of any Additional Notes, a fully executed Additional Secured Party Joinder (in the form attached as Exhibit 611); and (c) an Opinion of Counsel to the effect that the designation of such Class of obligations as “Additional Secured Obligations” is in compliance with the terms of the IndentureIndenture and each then extant Additional Secured Debt Agreement. Each Authorized Representative agrees that upon the satisfaction of all conditions set forth in the preceding sentence, the Collateral Agent shall act as agent under and subject to the terms of this Agreement for the benefit of all Secured Parties, including without limitation, any Secured Parties that hold any such Additional Secured Obligations, and each Authorized Representative agrees to the appointment, and acceptance of the appointment, of the Collateral Agent as agent for the holders of such Additional Secured Obligations as set forth in each Additional Secured Party Joinder and agrees, on behalf of itself and each Additional Secured Party it represents, to be bound by this Agreement.

Additional Secured Obligations. On or after the Issue Date the Issuers may date hereof and from time to time designate additional Pari Passu Lien Obligations (as defined in time, upon the Indenture) of the Issuers or compliance by any Guarantor permitted to be Incurred under the Indenture and to be secured by a Lien on the Collateral (as defined in the Indenture) permitted by the Indenture as additional Secured Obligations hereunder (“Additional Secured Obligations”) by delivering to the Collateral Agent and each Authorized Representative (a) a certificate signed by the chief financial officer of the Issuers (i) identifying the Class of obligations so designated and the aggregate principal amount or face amount thereof, stating that such Class of obligations is designated as an Additional Secured Obligation for purposes hereof, (ii) representing that such designation of such Class of obligations as an Additional Secured Obligation complies Debtholder with the terms of each Section 5.13 of the Secured Agreements Refinancing Intercreditor Agreement and (iii) specifying Section 4.14 hereof, the name and address of the Authorized Representative for such Class of obligations, (b) a fully executed Additional Secured Party Joinder (in the form attached as Exhibit 6); and (c) an Opinion of Counsel to the effect that the designation Obligations of such Class of obligations as “Additional Secured Obligations” is in compliance with the terms of the IndentureDebtholder shall be deemed to be Additional Secured Obligations hereunder. Each Authorized Representative agrees that upon the satisfaction of all conditions set forth in the preceding sentenceprovisions of such Section 5.13 of the Refinancing Intercreditor Agreement and Section 4.14 hereof, the Collateral Agent shall act as agent under and subject to the terms of this Agreement and the Refinancing Intercreditor Agreement for the benefit of all Secured Parties, including without limitation, any Additional Secured Parties Debtholders that hold any such Additional Secured Obligations, and each Authorized Representative agrees to the appointment, and acceptance of the appointment, of the Collateral Agent as agent for the holders of such Additional Secured Obligations as set forth in each Additional Secured Party the Joinder Agreement, and agreesthe Authorized Representative providing such Joinder Agreement shall, on behalf of itself and each Additional Secured Party Debtholder it represents, to be bound by this Agreement. For purposes of this Agreement, all Obligations arising under or in connection with the Notes (including Additional Notes) constitute Note Obligations rather than Additional Secured Obligations; however upon the issuance of Additional Notes, the Company shall deliver to the Collateral Agent a certificate signed by the chief financial officer of the Company setting forth the particulars of the Additional Notes including the aggregate principal amount or face amount thereof and certifying that such issuance of Additional Notes complies with the terms of the Indenture.

Additional Secured Obligations. On or after the Issue Date and so long as permitted by the Issuers Indenture, the Company may from time to time designate additional Pari Passu Lien Obligations (as defined in the Indenture) of the Issuers Company or any Guarantor permitted to be Incurred under the Indenture and to be secured by a Lien on the Collateral (as defined in the Indenture) permitted by the Indenture as additional Secured Obligations hereunder (“Additional Secured Obligations”) by delivering to the Collateral Agent and each Authorized Representative (a) a certificate signed by the chief financial officer an Authorized Officer of the Issuers Company (i) identifying the Class of obligations so designated and the aggregate principal amount or face amount thereof, stating that such Class of obligations is are designated as an Additional Secured Obligation Obligations for purposes hereof, (ii) representing that such designation of such Class of obligations as an Additional Secured Obligation Obligations complies with the terms of each of the Indenture Documents and the applicable Additional Secured Agreements Debt Documents and (iii) specifying the name and address of the Authorized Representative for such Class of obligations, (b) a fully executed Additional Secured Party Joinder Consent (in the form attached as Exhibit 6Annex C); and (c) an Opinion of Counsel to the effect that the designation of such Class of obligations as “Additional Secured Obligations” is in compliance with the terms of the IndentureIndenture and the Notes. Each Authorized Representative agrees that upon the satisfaction of all conditions set forth in the preceding sentence, the Collateral Agent shall act as agent under and subject to the terms of this Agreement for the benefit of all Secured Parties, including without limitation, any Secured Parties that hold any such Additional Secured Obligations, and each Authorized Representative agrees to the appointment, and acceptance of the appointment, of the Collateral Agent as agent for the holders of such Additional Secured Obligations as set forth in each Additional Secured Party Joinder Consent and agrees, on behalf of itself and each Additional Secured Party it represents, to be bound by this Agreement.

Additional Secured Obligations. On or after the Issue Date date hereof and so long as not prohibited by any Secured Agreement then outstanding, the Issuers Company may from time to time designate additional Pari Passu Lien Obligations (as defined in indebtedness at the Indenture) time of the Issuers or any Guarantor permitted to be Incurred under the Indenture and incurrence to be secured by a Lien as Additional Secured Obligations (and Secured Obligations) on the Collateral (as defined terms and conditions set forth in the Indenture) permitted by the Indenture as additional Secured Obligations hereunder (“Additional Secured Obligations”) this Agreement by delivering to the Collateral Agent and each Authorized Representative (a) a certificate signed by the chief financial officer of the Issuers a Responsible Officer (i) identifying the Class of obligations so designated and the initial aggregate principal amount or face amount thereof; provided that with respect to obligations constituting First Lien Obligations pursuant to clauses (f) or (g) of the definition thereof, such certificate need not identify the initial aggregate principal amount or face amount thereof, (ii) stating that such Class of obligations is are designated as an Additional Secured Obligation Obligations for the purposes hereof, (iiiii) representing that the incurrence of such obligation and the designation of such Class of obligations as an Additional Secured Obligation Obligations complies with the terms of each of the Indenture and any Additional Secured Agreements Agreements, and (iiiiv) specifying the name and address of the Authorized Representative for such Class of obligations, obligations and (b) a fully executed Additional Secured Party Joinder (in the form attached as Exhibit 6); and (c) an Opinion of Counsel to the effect that the designation of such Class of obligations as “Additional Secured Obligations” is in compliance with the terms of the IndentureConsent. Each Authorized Representative agrees that upon the satisfaction of all conditions set forth in the preceding sentence, the Collateral Agent shall act as collateral agent under and subject to the terms of this Agreement the First Lien Security Documents for the benefit of all Secured Parties, including without limitation, any Secured Parties that hold any such Additional Secured Obligations, and each Authorized Representative agrees to the appointment, and acceptance of the appointment, of the Collateral Agent as collateral agent for the holders of such Additional Secured Obligations as set forth in each Additional Secured Party Joinder Consent and agrees, on behalf of itself and each Additional Secured Party it represents, to be bound by this Agreement.

Additional Secured Obligations. On or after the Issue Date date hereof, the Issuers may from time to time designate additional Pari Passu First Lien Obligations (as defined in the Indenture) of the Issuers or any Guarantor permitted to be Incurred under the Indenture and to be secured by a Lien on the Collateral (as defined in the Indenture) permitted by the Indenture as additional Secured Obligations hereunder (the “Additional Secured Obligations”) by delivering to the Collateral Agent and each Authorized Representative (a) a certificate signed by the chief financial officer of the Issuers (i) identifying the Class of obligations so designated and the aggregate principal amount or face amount thereof, stating that such Class of obligations is are designated as an Additional Secured Obligation Obligations for purposes hereof, (ii) representing that such designation of such Class of obligations as an Additional Secured Obligation Obligations complies with the terms of each of the Secured Agreements Indenture and (iii) specifying the name and address of the Authorized Representative for such Class of obligations, ; and (b) a fully executed Additional Secured Party Creditor Joinder (in the form attached as Exhibit 6Schedule D); and (c) an Opinion of Counsel to the effect that the designation of such Class of obligations as “Additional Secured Obligations” is in compliance with the terms of the Indenture. Each Authorized Representative agrees that upon the satisfaction of all conditions set forth in the preceding sentence, the Collateral Agent shall act as agent under and subject to the terms of this Agreement for the benefit of all Secured PartiesCreditors, including without limitation, any Additional Secured Parties Creditors that hold any such Additional Secured Obligations, and each Authorized Representative agrees to the appointment, and acceptance of the appointment, of the Collateral Agent as agent for the holders of such Additional Secured Obligations as set forth in each the Additional Secured Party Creditor Joinder, and the Authorized Representative providing such Additional Secured Creditor Joinder and agreesshall, on behalf of itself and each Additional Secured Party Creditor it represents, to be bound by this Agreement. For purposes of this Agreement, all Obligations arising under or in connection with the Notes (including Additional Notes and Exchange Notes) constitute Note Obligations rather than Additional Secured Obligations; however upon the issuance of Additional Notes, the Issuers shall deliver to the Collateral Agent a certificate signed by the chief financial officer of the Issuers setting forth the particulars of the Additional Notes including the aggregate principal amount or face amount thereof and certifying that such issuance of First Lien Obligations complies with the terms of the Indenture.

Additional Secured Obligations. On or after the Issue Date date hereof, the Issuers Company may from time to time designate additional Additional Pari Passu Lien Obligations Indebtedness (as defined in the Indenture) of the Issuers Company or any Guarantor permitted to be Incurred incurred as “Pari Passu Obligations” under the Indenture, the First Lien Indenture and to be secured by a Lien on the Collateral (Credit Agreement as defined in the Indenture) permitted by the Indenture as additional Additional Secured Obligations hereunder (“Additional Secured Obligations”) by delivering to the Collateral Agent and Agent, each Authorized Representative and each First Lien Collateral Agent (a) a certificate signed by the chief financial officer of the Issuers Company (i) identifying the Class of obligations so designated and the aggregate principal amount or face amount thereof, stating that such Class of obligations is designated as an Additional Secured Obligation for purposes hereof, (ii) representing that such designation of such Class of obligations as an Additional Secured Obligation complies with the terms of each of the Secured Agreements Indenture, this Security Agreement, the First Lien Indenture, the First Lien Security Agreement and the Credit Agreement and (iii) specifying the name and address of the Authorized Representative for such Class of obligations, (b) a fully executed Additional Secured Party Joinder (additional secured party joinder in the form attached as Exhibit 6); Annex II (“Additional Secured Party Joinder”) and (c) an Opinion opinion of Counsel counsel to the effect that the designation of such Class of obligations as “Additional Secured Obligations” is in compliance with the terms of the Indenture, the First Lien Indenture and the Credit Agreement. Each Authorized Representative agrees that upon the satisfaction of all conditions set forth in the preceding sentence, the Collateral Agent shall act as agent under and subject to the terms of this Security Agreement for the benefit of all Pari Passu Lien Secured PartiesParties (as defined in the Indenture), including without limitation, any Pari Passu Lien Secured Parties that hold any such Additional Secured Obligations, and each Authorized Representative agrees to the appointment, and acceptance of the appointment, of the Collateral Agent as agent for the holders of such Additional Secured Obligations as set forth in each Additional Secured Party Joinder and agrees, on behalf of itself and each Additional Secured Party it represents, to be bound by this Security Agreement.