Designation of “Designated Senior Indebtedness. Company shall not designate any Indebtedness as “Designated Senior Indebtedness” (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 Indebtedness. Borrowers and Guarantors shall not, and shall not permit any Subsidiary to, designate any Indebtedness, other than the Obligations as the “Bank Indebtedness” or “Designated Senior Indebtedness” under the Opco Indenture, or any similar term under and as defined in the agreements relating to any other Indebtedness of any Borrower or Guarantor, including Subordinated Debt, which contains such designation. Borrowers and Guarantors shall, and shall cause any Subsidiary to, designate the Obligations as “Designated Senior Indebtedness” or any similar term under and as defined in the agreements relating to any Indebtedness (including any Subordinated Debt) of Borrowers or Guarantors which contains such designation.
Designation of “Designated Senior Indebtedness. The Company shall not designate any Indebtedness other than Indebtedness Incurred under the Credit Agreement as “Designated Senior Indebtedness” under the 17/8% Convertible Notes, the 7% Notes, the 7¾% Notes or the 6½% Notes. The Securities issued pursuant to this Indenture have not been designated as “Designated Senior Indebtedness” under the 17/8% Convertible Notes, the 7% Notes, the 7¾% Notes or the 6½% Notes.
Designation of “Designated Senior Indebtedness. Borrowers shall not, and shall not permit any of their Subsidiaries to, designate any Indebtedness as “Designated Senior Debt” (as defined in the Senior Subordinated Note Indenture) for purposes of the Senior Subordinated Note Indenture (nor shall any Indebtedness be similarly designated pursuant to the terms of any indenture entered into in connection with a refinancing of the Senior Subordinated Notes permitted pursuant to subsection 7.1(xii) hereof) without the prior written consent of Requisite Lenders.
Designation of “Designated Senior Indebtedness. Section 10.11 of the Loan Agreement is hereby amended by deleting such Section in its entirety and replacing it with the following:
Designation of “Designated Senior Indebtedness. (a) Borrowers and Guarantors shall not, and shall not permit any Subsidiary to, (i) designate any Indebtedness, other than the Obligations as the “Bank Indebtedness” or "Designated Senior Indebtedness under the Opco Indenture, (ii) designate any Indebtedness other than the Obligations, the obligations under the New Opco Notes or obligations under the Additional New Opco Debt as "senior indebtedness" or any similar term under and as defined in the agreements relating to any other Indebtedness of any Borrower or Guarantor, including Subordinated Debt, which contains such designation. Borrowers and Guarantors shall, and shall cause any Subsidiary to, designate the Obligations as “Designated Senior Indebtedness” or any similar term under and as defined in the agreements relating to any Indebtedness (including any Subordinated Debt) of Borrowers or Guarantors which contains such designation."
Designation of “Designated Senior Indebtedness. No Borrower shall nor shall any Borrower permit any of its Subsidiaries to, designate any Indebtedness as "Designated Senior Indebtedness" (as defined in the Senior Subordinated Note Indenture) for purposes of the Senior Subordinated Note Indenture without the prior written consent of Requisite Lenders.
Designation of “Designated Senior Indebtedness. A new Section 7.25 shall be added to the Credit Agreement which shall read in full as follows:
Designation of “Designated Senior Indebtedness. Borrower shall not designate any Indebtedness (other than the Obligations and any Indebtedness evidenced by the 7.75% Unsecured Note Indenture or the 5.875% Unsecured Note Indenture) as “Designated Senior Indebtedness” (as defined in the 78.875% Subordinated Note Indenture or any other agreement evidencing Subordinated Indebtedness) for purposes of the 78.875% Subordinated Note Indenture or such other agreement evidencing Subordinated Indebtedness, as applicable, without the prior written consent of Requisite Lenders.
Designation of “Designated Senior Indebtedness. The Company covenants that it shall not designate any Indebtedness other than Indebtedness Incurred under the Credit Agreement as "Designated Senior Indebtedness" under the Senior Subordinated Notes, the Senior Subordinated Debentures or the Convertible Subordinated Debentures. The Notes issued pursuant to this Indenture have not been designated as "Designated Senior Indebtedness" under the Senior Subordinated Notes, the Senior Subordinated Debentures or the Convertible Subordinated Debentures. ARTICLE FIVE
