Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the First Lien Intercreditor Agreement requiring the Issuers to designate Indebtedness for the purposes of the terms Other First-Priority Obligations, Junior Lien Obligations or any other such designations hereunder or under the First Lien Intercreditor Agreement, any such designation shall be sufficient if the relevant designation provides in writing that such Other First-Priority Obligations or Junior Lien Obligations are permitted under this Indenture and is signed on behalf of the Company by an Officer and delivered to the Trustee and the First-Priority Collateral Agent. For all purposes hereof and the First Lien Intercreditor Agreement, the Company hereby designates the Obligations pursuant to the Credit Agreement as in effect on the Issue Date as First-Priority Obligations.
Appears in 3 contracts
Samples: Indenture (Exela Technologies, Inc.), Restructuring Support Agreement (Exela Technologies, Inc.), Indenture (Exela Technologies, Inc.)
Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the First Lien Intercreditor Agreement requiring the Issuers to designate Indebtedness for the purposes of the terms Other First-Priority Obligations, Junior Lien Obligations or any other such designations hereunder or under the First Lien Intercreditor Agreement, any such designation shall be sufficient if the relevant designation provides in writing that such Other First-Priority Obligations or Junior Lien Obligations are permitted under this Indenture and is signed on behalf of the Company MHGE Holdings by an Officer and delivered to the Trustee and the First-Priority Collateral Agent. For all purposes hereof and the First Lien Intercreditor Agreement, the Company MHGE Holdings hereby designates the Obligations pursuant to the Credit Agreement as in effect on the Issue Date as First-Priority Obligations.
Appears in 2 contracts
Samples: Indenture (McGraw-Hill Interamericana, Inc.), Indenture (McGraw-Hill Global Education LLC)
Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the First Lien Intercreditor Agreement requiring the Issuers Issuer to designate Indebtedness for the purposes of the terms Other First-Priority Lien Obligations and Other Second-Lien Obligations, Junior Lien Obligations or any other such designations hereunder or under the First Lien Intercreditor Agreement, any such designation shall be sufficient if the relevant designation provides in writing that such Other First-Priority Lien Obligations or Junior Other Second-Lien Obligations are permitted under this Indenture and is signed on behalf of the Company Issuer by an Officer and delivered to the Trustee Trustee, the Collateral Agent and the First-Priority Collateral First Lien Agent. For all purposes hereof and the First Lien Intercreditor Agreement, the Company Issuer hereby designates the Obligations pursuant to the Credit Agreement as in effect on the Issue Date as First-Priority Lien Obligations.
Appears in 2 contracts
Samples: Indenture (Aeroways, LLC), Indenture (Cke Restaurants Inc)
Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the First Lien Intercreditor Agreement Agreements requiring the Issuers Company to designate Indebtedness for the purposes of the terms Other First-term “First Lien Obligations”, “Additional First Lien Obligations” (as each such term is defined in the applicable Intercreditor Agreement), “Junior Priority Obligations, Junior Lien Obligations Indebtedness” or any other such designations hereunder or under the First Lien Intercreditor AgreementAgreements, any such designation shall be sufficient if the relevant designation provides is set forth in writing that such Other First-Priority Obligations or Junior Lien Obligations are permitted under this Indenture and is writing, signed on behalf of the Company by an Officer and delivered to the Trustee Trustee, the Collateral Agent and the First-Priority Collateral AgentAgent in accordance with the terms of the Intercreditor Agreements. For all purposes hereof and the First Lien Intercreditor AgreementAgreements, the Company hereby designates the Obligations pursuant to the Credit Agreement as in effect on “First Lien Obligations” under the Issue Date as First-Priority ObligationsIntercreditor Agreements.
Appears in 2 contracts
Samples: Indenture (iHeartMedia, Inc.), Indenture (iHeartMedia, Inc.)
Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the First Lien/First Lien Intercreditor Agreement requiring the Issuers Issuer to designate Indebtedness for the purposes of the terms Other First-Priority Obligations, Junior First Lien Obligations Debt or any other such designations hereunder or under the First Lien/First Lien Intercreditor Agreement, any such designation shall be sufficient if the relevant designation provides in writing in the form of an Officer’s Certificate, that such Other First-Priority Obligations or Junior First Lien Obligations are Debt is permitted under this Indenture and is signed on behalf of the Company Issuer by an a Responsible Officer and delivered to the Trustee and the First-Priority Collateral Agent. For all purposes hereof and the First Lien/First Lien Intercreditor Agreement, the Company Issuer hereby designates the Obligations obligations pursuant to the Credit Agreement First-Priority Notes Indenture as in effect on the Issue Closing Date as First-Priority ObligationsOther First Lien Debt.
Appears in 2 contracts
Samples: Indenture (Fresh Market Holdings, Inc.), Indenture (Fresh Market Holdings, Inc.)
Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the First Lien Intercreditor Agreement requiring the Issuers Issuer to designate Indebtedness for the purposes of the terms Other First-Priority Obligations, Junior Lien Obligations or any other such designations hereunder or under the First Lien Intercreditor Agreement, any such designation shall be sufficient if the relevant designation provides in writing that such Other First-Priority Obligations or Junior Lien Obligations are permitted under this Indenture and is signed on behalf of the Company Issuer by an Officer and delivered to the Trustee and the First-Priority Collateral Agent. For all purposes hereof and the First Lien Intercreditor Agreement, the Company Issuer hereby designates the Notes Obligations and the Obligations pursuant to the Credit Agreement as in effect on the Issue Date as First-Priority Obligations.
Appears in 2 contracts
Samples: Indenture (Rackspace Technology, Inc.), Indenture (Rackspace Technology, Inc.)
Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the First Lien Intercreditor Agreement requiring the Issuers Issuer to designate Indebtedness for the purposes of the terms Other First-Priority Obligations, Junior Lien Obligations or any other such designations hereunder or under the First Lien Intercreditor Agreement, any such designation shall be sufficient if the relevant designation provides in writing that such Other First-Priority Obligations or Junior Lien Obligations are permitted under this Indenture and is signed on behalf of the Company Issuer by an Officer and delivered to the Trustee and the First-Priority Notes Collateral Agent. For all purposes hereof and the First Lien Intercreditor Agreement, the Company Issuer hereby designates the Obligations pursuant to the Credit Agreement as in effect on the Issue Escrow Release Date as First-Priority Obligations.
Appears in 1 contract
Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the First Lien Intercreditor Agreement requiring the Issuers Issuer to designate Indebtedness for the purposes of the terms Other First-Priority Obligations, Junior Lien Obligations or any other such designations hereunder or under the First Lien Intercreditor Agreement, any such designation shall be sufficient if the relevant designation provides in writing that such Other First-Priority Obligations or Junior Lien Obligations are permitted under this Indenture and is signed on behalf of the Company Issuer by an Officer and delivered to the Trustee and the First-Priority Collateral Agent. For all purposes hereof and the First Lien Intercreditor Agreement, the Company Issuer hereby designates the Obligations pursuant to the Credit Agreement as in effect on the Issue Date as First-Priority Obligations.
Appears in 1 contract
Designations. Except as provided in the next sentence, for purposes of the provisions hereof and the First Lien Intercreditor Agreement requiring the Issuers Issuer to designate Indebtedness for the purposes of the terms Other First-Priority Obligations, Junior Lien Obligations and Other Second-Lien Obligations or any other such designations hereunder or under the First Lien Intercreditor Agreement, any such designation shall be sufficient if the relevant designation provides in writing that such Other First-Priority Lien Obligations or Junior Other Second-Lien Obligations are permitted under this Indenture and is signed on behalf of the Company Issuer by an Officer and delivered to the Trustee Trustee, the Collateral Agent and the First-Priority Collateral First Lien Agent. For all purposes hereof and the First Lien Intercreditor Agreement, the Company Issuer hereby designates the Obligations pursuant to the Credit Agreement as in effect on the Issue Date as First-Priority Lien Obligations.
Appears in 1 contract
Samples: Indenture (Mariner, LLC)