Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the Intercreditor Agreement requiring the Issuer to designate Indebtedness for the purposes of the terms “Lenders Debt” and “Other Pari Passu Lien Obligations” or any other such designations hereunder or under the Intercreditor Agreement, any such designation shall be sufficient if the relevant designation is set forth in writing, signed on behalf of the Issuer by an Officer and delivered to the Trustee, the Collateral Agent and the Bank Collateral Agent. For all purposes hereof and the Intercreditor Agreement, the Issuer hereby designates the Obligations pursuant to the Credit Agreement as “Lenders Debt.”
Appears in 4 contracts
Samples: Intercreditor Agreement (Headwaters Inc), Indenture (Mammoth-Webco, Inc.), Indenture (Broan-NuTone LLC)
Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the Intercreditor Agreement requiring the Issuer Issuers to designate Indebtedness for the purposes of the terms “Lenders DebtFirst-Priority Lien Obligations” and “Other Pari Passu Second-Lien Obligations” or any other such designations hereunder or under the Intercreditor Agreement, any such designation shall be sufficient if the relevant designation is set forth in writing, signed on behalf of the Issuer Issuers by an Officer and delivered to the Trustee, the Collateral Agent and the Bank Collateral Credit Agent. For all purposes hereof and the Intercreditor Agreement, the Issuer Issuers hereby designates designate the Obligations pursuant to the Credit Agreement as in effect on the Issue Date as “Lenders DebtFirst-Priority Lien Obligations.”
Appears in 3 contracts
Samples: Indenture (Borden Chemical Inc), Indenture (Hexion Specialty Chemicals, Inc.), Supplemental Indenture (Hexion Specialty Chemicals, Inc.)
Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the Intercreditor Agreement requiring the Issuer to designate Indebtedness for the purposes of the terms term “Lenders Debt” and “Other Pari Passu First Lien Obligations,” or any other such designations hereunder or under the Intercreditor Agreement, any such designation shall be sufficient if the relevant designation is set forth in writing, signed on behalf of the Issuer by an Officer and delivered to the Trustee, the Collateral Agent and the Bank Collateral Credit Agreement Agent. For all purposes hereof and the Intercreditor Agreement, the Issuer hereby designates designate the Obligations pursuant to the Credit Agreement as “Lenders DebtFirst Priority Obligations” or hereunder as “First Lien Obligations.”
Appears in 3 contracts
Samples: Indenture (Scientific Games Corp), Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)
Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the Intercreditor Agreement requiring the Issuer Issuers to designate Indebtedness for the purposes of the terms “Lenders DebtFirst Priority Lien Obligations” and “Other Pari Passu Second-Lien Obligations” or any other such designations hereunder or under the Intercreditor Agreement, any such designation shall be sufficient if the relevant designation is set forth in writing, signed on behalf of the Issuer Issuers by an Officer and delivered to the Trustee, the Collateral Agent and the Bank Collateral Credit Agent. For all purposes hereof and the Intercreditor Agreement, the Issuer Issuers hereby designates designate the Obligations pursuant to the Credit Agreement as in effect on the Issue Date as “Lenders DebtFirst Priority Lien Obligations.”
Appears in 2 contracts
Samples: Supplemental Indenture (Verso Paper Holdings LLC), Indenture (Verso Paper Corp.)
Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the Intercreditor Agreement requiring the Issuer to designate Indebtedness for the purposes of the terms “Lenders Debt” and “Other Pari Passu Lien Obligations” or any other such designations hereunder or under the Intercreditor Agreement, any such designation shall be sufficient if the relevant designation is set forth in writing, signed on behalf of the Issuer by an Officer and delivered to the Trustee, the Collateral Agent and the Bank Collateral AgentAgents. For all purposes hereof and the Intercreditor Agreement, the Issuer hereby designates the Obligations pursuant to the Credit Agreement as “Lenders Debt.”
Appears in 2 contracts
Samples: Indenture (Nortek Inc), Indenture (Aigis Mechtronics, Inc.)
Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the Intercreditor Agreement requiring the Issuer to designate Indebtedness for the purposes of the terms “Lenders Debt” and “Other Pari Passu Lien Obligations” or any other such designations hereunder or under the Intercreditor Agreement, any such designation shall be sufficient if the relevant designation is set forth in writing, signed on behalf of the Issuer by an Officer and delivered to the Trustee, the Noteholder Collateral Agent and the Bank Collateral Agent. For all purposes hereof and the Intercreditor Agreement, the Issuer hereby designates the Obligations pursuant to the Credit Agreement as “Lenders Debt.”
Appears in 2 contracts
Samples: Indenture (Ply Gem Holdings Inc), Covenants (Ply Gem Holdings Inc)
Designations. Except as provided in the next sentence, for purposes of the provisions hereof and of the Intercreditor Inter-creditor Agreement requiring the Issuer Issuers to designate Indebtedness for the purposes of the terms “Lenders Debt” and “Other Pari Passu Lien Obligations” or any other such designations hereunder or under the Intercreditor Agreement, any such designation shall be sufficient if the relevant designation is set forth in writing, signed on behalf of the Issuer Issuers by an Officer and delivered to the Trustee, the Notes Collateral Agent and the Bank Collateral ABL Agent. For all purposes hereof and the of Intercreditor Agreement, the Issuer Issuers hereby designates the Obligations pursuant to the Credit Agreement ABL Facility as “Lenders Debt.”
Appears in 1 contract
Samples: Indenture (TRAC Intermodal LLC)
Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the Intercreditor Agreement requiring the Issuer Issuers to designate Indebtedness for the purposes of the terms “Lenders DebtFirst Priority Lien Obligations” and “Other Pari Passu Second Lien Obligations” or any other such designations hereunder or under the Intercreditor Agreement, any such designation shall be sufficient if the relevant designation designations is set forth in writing, signed on behalf of the Issuer Issuers by an Officer and delivered to the Trustee, the Collateral Agent and the Bank Collateral Credit Agent. For all purposes hereof and the Intercreditor Agreement, the Issuer Issuers hereby designates designate the Obligations pursuant to the Credit Agreement as in effect on the Issue Date as “Lenders DebtFirst Priority Lien Obligations.”
Appears in 1 contract
Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the Intercreditor Agreement requiring the Issuer to designate Indebtedness for the purposes of the terms “Lenders Debt” and “Other Pari Passu Lien Obligations” or any other such designations hereunder or under the Intercreditor Agreement, any such designation shall be sufficient if the relevant designation is set forth in writing, signed on behalf of the Issuer by an Officer and delivered to the Trustee, the Notes Collateral Agent and the Bank Collateral Agent. For all purposes hereof and the Intercreditor Agreement, the Issuer hereby designates the Obligations pursuant to the Credit Agreement as “Lenders Debt.”
Appears in 1 contract
