Designation as Designated Senior Debt. The parties hereto agree and acknowledge that the Indebtedness pursuant to this Agreement and the guarantee of such Indebtedness by the Subsidiary Guarantors pursuant to the Subsidiaries Guaranty constitutes “Designated Senior Debt” under, as defined in, the Existing Senior Subordinated Notes Indenture.
Designation as Designated Senior Debt. This Agreement, the ------------------------------------- Subsidiary Guarantee, the Loan Documents and all monetary obligations hereunder or thereunder are hereby expressly designated as "Designated Senior Indebtedness" as that term (or any comparable term) is defined in the Subordinated Notes Documents. 104
Designation as Designated Senior Debt. The Notes and the Note Guarantees constitute “Designated Senior Debt” for purposes of and as defined in the indentures governing the Existing Subordinated Notes.
Designation as Designated Senior Debt. Designate any Indebtedness (or any similar term) (other than the Indebtedness under the Loan Documents of the Parent Borrowers or any of its Subsidiaries) as “Designated Senior Debt” (or any similar term) under, and as defined in any Subordinated Indebtedness of any Loan Party which contains such designations (except that other senior Indebtedness may be designated as “Designated Senior Debt” so long as it has no rights as such until after the retirement in full of the Obligations under the Loan Documents).
Designation as Designated Senior Debt. Designate any other Indebtedness of the Loan Parties as “Designated Senior Debt” for purposes of any subordinated debt.
Designation as Designated Senior Debt. Substantially concurrently with, but in any event, no later than one Business Day after the Merger is consummated, the Securities shall be designated as “Designated Senior Debt” as defined in and pursuant to the terms of the indentures relating to the Existing Notes.
Designation as Designated Senior Debt. Borrowers and Guarantors shall not, and shall not permit any Subsidiary to, designate any Indebtedness, other than the Obligations as “Designated Senior Debt” or any similar term under and as defined in the agreements relating to any Indebtedness of Borrowers or Guarantors which contains such designation, if any. Borrowers and Guarantors shall, and shall cause any Subsidiary to, designate the Obligations as “Designated Senior Debt” or any similar term under and as defined in the agreements relating to any Indebtedness permitted under Section 10.3 hereof of any Borrower or any Guarantor which contains such designation.
Designation as Designated Senior Debt. Designate any Indebtedness (or any similar term) (other than the Indebtedness under the Loan Documents of the Parent Borrowers or any of its Subsidiaries) as “Designated Senior Debt” (or any similar term) under, and as defined in any Subordinated Indebtedness of any Loan Party which contains such designations (except that other senior Indebtedness may be designated as “Designated Senior Debt” so long as it has no rights as such until after the retirement in full of the Obligations under the Loan Documents).; any offering of its common stock or any other issuance of its Equity Interests; the making of Restricted Payments; provided that Holdings will not be permitted to make Restricted Payments using the cash from any Borrower or any Subsidiary unless such cash has been dividended or otherwise distributed to Holdings as a permitted Restricted Payment pursuant to the terms of Section 7.06; the incurrence of Permitted Holdings Debt; making contributions to the capital or acquiring Equity Interests of its Subsidiaries; guaranteeing the obligations of the Borrowers and its
Designation as Designated Senior Debt. This Agreement, the --------------------------------------------------- Subsidiary Guaranty, the Loan Documents and all monetary obligations hereunder or thereunder are hereby expressly 103
Designation as Designated Senior Debt. In accordance with and pursuant to the Indenture, dated as of January 24, 2003, among Casella, the guarantors party thereto and U.S. Bank National Association, as trustee (the “Senior Subordinated Notes Indenture”), Casella hereby designates the Notes as “Designated Senior Debt” under the Senior Subordinated Notes Indenture.
