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: Indenture (Headwaters Inc), Indenture (Headwaters Inc), Indenture (Mammoth-Webco, 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 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 of the Intercreditor Agreement requiring the Issuer Company 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 Company by an Officer and delivered to the Trustee, the Notes Collateral Agent and the Bank Collateral Agent. For all purposes hereof and the of Intercreditor Agreement, the Issuer Company hereby designates the Obligations pursuant to the Credit Agreement as “Lenders Debt.”
Appears in 2 contracts
Samples: Indenture (Sealy Corp), Indenture (Railamerica Inc /De)
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), Indenture (Ply Gem Holdings 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 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
Samples: Indenture (Erickson Air-Crane 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)