Designation of Additional Indebtedness. The Original First Lien Borrower hereby designates such Additional Indebtedness as Additional Indebtedness under the Intercreditor Agreement and such Additional Indebtedness shall constitute [Senior Priority Debt] [Junior Priority Debt].
Designation of Additional Indebtedness. The Company hereby designates such Additional Indebtedness as Additional Indebtedness under the Intercreditor Agreement and such Additional Indebtedness shall constitute [Senior Priority Debt] [Junior Priority Debt].
Designation of Additional Indebtedness. The Company hereby designates such Additional Indebtedness as Additional Indebtedness and as Additional [First Lien] / [Second Lien] Term Indebtedness under the Intercreditor Agreement.
Designation of Additional Indebtedness. The Company hereby designates such Additional Indebtedness as Additional Indebtedness under the Intercreditor Agreement. 1 Revise as appropriate to refer to any permitted successor or assign. 2 Revise as appropriate to refer to any successor ABL Agent or Note Agent and to add reference to any previously added Additional Agent. 3 Revise as appropriate to refer to the relevant Additional Credit Facility, Additional Creditors and any Additional Agent. IN WITNESS OF, the undersigned has caused this Designation to be duly executed by its duly authorized officer or other representative, all as of the day and year first above written. [COMPANY] By: Name: Title: EXHIBIT B ADDITIONAL INDEBTEDNESS JOINDER JOINDER, dated as of , 20 , among [COMPANY] (the “Company”), UBS AG, STAMFORD BRANCH, in its capacity as collateral agent (together with its successors and assigns in such capacity from time to time, and as further defined in the Intercreditor Agreement, the “ABL Agent”)1 for the ABL Lenders, WILMINGTON TRUST FSB, in its capacity as collateral agent (together with its successors and assigns in such capacity from time to time, and as further defined in the Intercreditor Agreement, the “Note Agent”)2 for the Noteholder Secured Parties, [list any previously added Additional Agent] [and insert name of each Additional Agent under any Additional Credit Facility being added hereby as party] and any successors or assigns thereof, to the Intercreditor Agreement dated as of December 22, 2010 (as amended, supplemented, waived or otherwise modified from time to time, the “Intercreditor Agreement”) among the ABL Agent, [and] the Note Agent [and (list any previously added Additional Agent)]. Capitalized terms used herein and not otherwise defined herein shall have the meaning specified in the Intercreditor Agreement. Reference is made to that certain [insert name of Additional Credit Facility], dated as of , 20 (the “Additional Credit Facility”), among [list any applicable Credit Party], [list any applicable Additional Creditors (the “Joining Additional Creditors”)] [and insert name of each applicable Additional Agent (the “Joining Additional Agent”)].3 Section 7.11 of the Intercreditor Agreement permits the Company to designate Additional Indebtedness under the Intercreditor Agreement. The Company has so designated Additional Indebtedness incurred or to be incurred under the Additional Credit Facility as Additional Indebtedness by means of an Additional Indebtedness Designation...
Designation of Additional Indebtedness. The Company hereby designates such Additional Indebtedness as Additional Indebtedness under the Intercreditor Agreement and such Additional Indebtedness shall constitute [Senior Priority Debt] [Junior Priority Debt]. 7 Revise as appropriate to refer to any permitted successor or assign. 8 Revise as appropriate to refer to any successor Term Loan Agent or Initial Junior Priority Agent and to add reference to any previously added Additional Agent. 9 Revise as appropriate to refer to the relevant Additional Credit Facility, Additional Creditors and any Additional Agent.
Designation of Additional Indebtedness. The Representatives hereby designate such Additional Indebtedness as [ ] Obligations under the Intercreditor Agreement.
Designation of Additional Indebtedness. The Parent Borrower hereby designates such Additional Indebtedness as Additional Indebtedness under the Intercreditor Agreement.
Designation of Additional Indebtedness. The Company hereby designates such Additional Indebtedness as Additional Indebtedness under the Intercreditor Agreement and such Additional Indebtedness shall constitute [Senior Priority Debt]/[Junior Priority Debt]. 2 Revise as appropriate to refer to any permitted successor or assign. 3 Revise as appropriate to refer to any successor First Lien Agent or [ ]i [First/Second]ii Lien Agent and to add reference to any previously added Additional Agent. 4 Revise as appropriate to refer to the relevant Additional Credit Facility, Additional Credit Facility Secured Parties and any Additional Agent.
Designation of Additional Indebtedness. The Company hereby designates such Additional Indebtedness as Additional Indebtedness and as Additional [ABL] / [Cash Flow] Indebtedness under the Intercreditor Agreement. 20 Revise as appropriate to refer to any successor ABL Agent or [Cash Flow] Agent and to add reference to any previously added Additional Agent.
Designation of Additional Indebtedness. Joinder of Additional Agents 125 Section 7.12 Term Loan Collateral Representative and ABL Collateral Representative; Notice of Change 127 Section 7.13 Provisions Solely to Define Relative Rights 127 Section 7.14 Headings 128 Section 7.15 Severability 128 Section 7.16 Attorneys Fees 128 Section 7.17 VENUE; JURY TRIAL WAIVER 128 Section 7.18 Intercreditor Agreement 129 Section 7.19 No Warranties or Liability 129 Section 7.20 Conflicts 129 Section 7.21 Information Concerning Financial Condition of the Credit Parties 130 Section 7.22 Excluded Assets 130 EXHIBITS Exhibit A — Additional Indebtedness Designation Exhibit B — Additional Indebtedness Joinder Exhibit C — Joinder of ABL Credit Agreement or Term Loan Credit Agreement INTERCREDITOR AGREEMENT THIS INTERCREDITOR AGREEMENT (as amended, supplemented, waived or otherwise modified from time to time pursuant to the terms hereof, this “Agreement”) is entered into as of February 8, 2018 between WXXXX FARGO BANK, NATIONAL ASSOCIATION, as collateral agent (together with its successors and assigns in such capacity from time to time, and as further defined herein, the “ABL Agent”) for the ABL Secured Parties, and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as collateral agent (together with its successors and assigns in such capacity from time to time, and as further defined herein, the “Term Loan Agent”) for the Term Loan Secured Parties. Capitalized terms defined in Article 1 hereof are used in this Agreement as so defined.
