Designation of Designated Senior Debt. Company shall not designate any Indebtedness as "Designated Senior Debt" (as defined in the Subordinated Note Indenture) for purposes of the Subordinated Note Indenture without the prior written consent of Requisite Lenders.
Designation of Designated Senior Debt. Borrowers and Guarantors shall not designate any Indebtedness, other than the Obligations, as “Designated Senior Debt”, or any similar term under and as defined in the agreements relating to the Convertible Notes or any Subordinated Debt of any Borrower or Guarantor which contains such designation. Borrowers and Guarantors shall designate the Obligations as “Designated Senior Debt” or any similar term under and as defined in the agreements relating to any Subordinated Debt of any Borrower or Guarantor which contains such designation.
Designation of Designated Senior Debt. No Loan Party will, nor will it permit any Subsidiary to, designate any Indebtedness (or any similar term) (other than the Indebtedness under the Loan Documents and the Senior Secured Term Loan Facility) of the Borrower 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.
Designation of Designated Senior Debt. Designate any Debt (or any similar term) (other than the Debt under the 2009 Senior Note Indenture or any Debt under the Term Loan Documents or any refinancing, extension, renewal, restructuring or replacement thereof permitted pursuant to Section 6.01(b) or Section 6.01(s), respectively and Debt under this Agreement or under the other Loan Documents) of Borrower “Designated Senior Debt” (or any similar term) under, and as defined in any Subordinated Debt of Borrower which contains such designations.
Designation of 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, including Indebtedness of any Borrower or Guarantor evidenced by the Qualified Debt Offering Documents, which contains such designation. 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 (including any Indebtedness otherwise permitted under Section 7.2.2 hereof) of any Borrower or Guarantor which contains such designation.
Designation of Designated Senior Debt. Neither Parent nor any of its Restricted Subsidiaries will designate any Indebtedness of Parent or any of its Restricted Subsidiaries as “Designated Senior Debt” (or any similar term) under and as defined in the Convertible Subordinated Notes Indentures or any other Indebtedness that is subordinated in right of payment to the Obligations or any Obligations Guarantee, other than (a) Indebtedness under the Senior Notes Indenture and any renewal, extension, refinancing or refunding thereof incurred pursuant to Section 6.2, (b) Indebtedness under the ABL Credit Agreement and any renewal, extension, refinancing or refunding thereof incurred pursuant to Section 6.2(c), 6.2(g) or 6.2(m), (c) Indebtedness under the Xxxx County Loan Agreement and the IFA Loan Agreement and any renewal, extension, refinancing or refunding thereof incurred pursuant to Section 6.2, and (d) Indebtedness incurred and outstanding under Section 6.2(z).
Designation of 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”, “Priority Lien Debt” or any similar term under and as defined in the agreements relating to the Floating Rate Notes or any Subordinated Debt of any Borrower or Guarantor which contains such designation. 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 Subordinated Debt of any Borrower or Guarantor which contains such designation.
Designation of Designated Senior Debt. No Borrower shall nor shall any Borrower permit any of its Subsidiaries to, designate
Designation of Designated Senior Debt. Neither Holdings nor any of its Subsidiaries shall designate any Indebtedness as "Senior Debt", "Designated Senior Debt" or "Senior Indebtedness" (or any similar term) (as such term or terms are defined in the Senior Subordinated Note Indenture and, on and after the execution and delivery thereof, any agreement relating to Permitted Additional Subordinated Indebtedness) for purposes of the Senior Subordinated Note Indenture and, on and after the execution and delivery thereof, any agreement relating to Permitted Additional Subordinated Indebtedness, without the prior written consent of Requisite Lenders.
Designation of Designated Senior Debt. Neither the Parent nor the Borrower shall designate any Indebtedness (other than the Obligations) as "Designated Senior Debt", as defined in the Parent Discount Note Indenture, for purposes of the Parent Discount Note Indenture without the prior written consent of the Administrative Agent.
