Common use of Other Pari Passu Lien Obligations Clause in Contracts

Other Pari Passu Lien Obligations. On or after the date hereof and so long as expressly permitted by the Indenture and any Other Pari Passu Lien Obligations Agreement then outstanding, the Company may from time to time designate Indebtedness at the time of incurrence to be secured on a pari passu basis with the Notes Obligations as Other Pari Passu Lien Obligations hereunder by delivering to the Notes Collateral Agent and each Authorized Representative (a) a certificate signed by an Officer of the Company (i) identifying the obligations so designated and the initial aggregate principal amount or face amount thereof, (ii) stating that such obligations are designated as Other Pari Passu Lien Obligations for purposes hereof, (iii) representing that such designation of such obligations as Other Pari Passu Lien Obligations complies with the terms of the Indenture and any Other Pari Passu Lien Obligations Agreement then outstanding and (iv) specifying the name and address of the Authorized Representative for such obligations and (b) a fully executed Other Pari Passu Lien Secured Party Consent (in the form attached as Exhibit 4). Each Authorized Representative agrees that upon the satisfaction of all conditions set forth in the preceding sentence, the Notes Collateral Agent shall act as agent under this Agreement for the Authorized Representative and the holders of such Other Pari Passu Lien Obligations and as collateral agent for the benefit of all Secured Parties, including without limitation, any Secured Parties that hold any such Other Pari Passu Lien Obligations, and each Authorized Representative agrees to the appointment, and acceptance of the appointment, of the Notes Collateral Agent for the Authorized Representative and the holders of such Other Pari Passu Lien Obligations as set forth in each Other Pari Passu Lien Secured Party Consent and agrees, on behalf of itself and each Secured Party it represents, to be bound by this Agreement, the Other Pari Passu Lien Secured Party Consent and the Intercreditor Agreement.

Appears in 1 contract

Samples: Notes Security Agreement (Associated Materials, LLC)

AutoNDA by SimpleDocs

Other Pari Passu Lien Obligations. On or after the date hereof and so long as expressly permitted by the Indenture and any Other Pari Passu Lien Obligations Agreement then outstanding, the Company may from time to time designate Indebtedness at the time of incurrence to be secured on a pari passu basis with the Notes Note Obligations as Other Pari Passu Lien Obligations hereunder by delivering to the Notes Collateral Agent and each Authorized Representative (a) a certificate signed by an Authorized Officer of the Company (i) identifying the obligations so designated and the initial aggregate principal amount or face amount thereof, (ii) stating that such obligations are designated as Other Pari Passu Lien Obligations for purposes hereof, (iii) representing that such designation of such obligations as Other Pari Passu Lien Obligations complies with the terms of the Indenture and any Other Pari Passu Lien Obligations Agreement then outstanding and outstanding; (iv) specifying the name and address of the Authorized Representative for such obligations and (v) attaching an executed copy of the Other Pari Passu Lien Agreement and (b) a fully executed Other Pari Passu Lien Secured Party Consent (in the form attached as Exhibit 4)Consent. Each Authorized Representative agrees that upon the satisfaction of all conditions set forth in the preceding sentence, the Notes Collateral Agent shall act as agent under this Agreement for and subject to the Authorized Representative and terms of the holders of such Other Pari Passu Lien Obligations and as collateral agent Note Documents for the benefit of all Secured Parties, including without limitation, any Secured Parties that hold any such Other Pari Passu Lien Obligations, and each Authorized Representative agrees to the appointment, and acceptance of the appointment, of the Notes Collateral Agent as agent for the Authorized Representative and the holders of such Other Pari Passu Lien Obligations as set forth in each Other Pari Passu Lien Secured Party Consent and agrees, on behalf of itself and each Secured Party it represents, to be bound by this Agreement, the Other Pari Passu Lien Secured Party Consent and the Intercreditor AgreementConsent.

Appears in 1 contract

Samples: Collateral Agreement (Clearwire Corp /DE)

Other Pari Passu Lien Obligations. On or after the date hereof and so long as expressly permitted by the Indenture and any Other Pari Passu Lien Obligations Agreement then outstanding, the Company may from time to time designate Indebtedness at the time of incurrence to be secured on a pari passu basis with the Notes Obligations as Other Pari Passu Lien Obligations hereunder by delivering to the Notes Collateral Agent and each Authorized Representative (a) a certificate signed by an Officer of the Company (i) identifying the obligations so designated and the initial aggregate principal amount or face amount thereof, (ii) stating that such obligations are designated as Other Pari Passu Lien Obligations for purposes hereof, (iii) representing that such designation of such obligations as Other Pari Passu Lien Obligations complies with the terms of the Indenture and any Other Pari Passu Lien Obligations Agreement then outstanding and (iv) specifying the name and address of the Authorized Representative for such obligations and (b) a fully executed Other Pari Passu Lien Secured Party Consent (in the form attached as Exhibit Annex 4). Each Authorized Representative agrees that upon the satisfaction of all conditions set forth in the preceding sentence, the Notes Collateral Agent shall act as agent under this Agreement for the Authorized Representative and the holders of such Other Pari Passu Lien Obligations and as collateral agent for the benefit of all Secured Parties, including without limitation, any Secured Parties that hold any such Other Pari Passu Lien Obligations, and each Authorized Representative agrees to the appointment, and acceptance of the appointment, of the Notes Collateral Agent for the Authorized Representative and the holders of such Other Pari Passu Lien Obligations as set forth in each Other Pari Passu Lien Secured Party Consent and agrees, on behalf of itself and each Secured Party it represents, to be bound by this Agreement, the Other Pari Passu Lien Secured Party Consent Consent, and the Intercreditor Agreement.

Appears in 1 contract

Samples: Notes Pledge Agreement (Associated Materials, LLC)

Other Pari Passu Lien Obligations. On or after the date hereof and so long as expressly permitted by the Indenture and any Other Pari Passu Lien Obligations Agreement then outstanding, the Company The Issuer may from time to time designate Indebtedness at the time of incurrence to be secured on a pari passu basis with the Notes Obligations as Other Pari Passu Lien Obligations permitted by the Indenture and not prohibited by any Other Pari Passu Lien Agreement to be secured by a Lien on the Collateral as Obligations hereunder by delivering to the Notes Collateral Agent and each Authorized Representative (a) a certificate signed by an Officer of the Company Issuer (i) identifying the obligations Other Pari Passu Lien Obligations so designated and the initial aggregate principal amount or face amount thereof, (ii) stating that such obligations are designated as Other Pari Passu Lien Obligations are designated as Obligations for purposes hereof, (iii) representing that such designation of such obligations as Other Pari Passu Lien Obligations complies with the terms of the Indenture Documents and any Other Pari Passu Lien Obligations Agreement then outstanding Agreements and (iv) specifying the name and address of the Authorized Representative for the holders of such obligations Other Pari Passu Lien Obligations and (b) a fully executed Other Pari Passu Lien Additional Secured Party Consent (in the form attached as Exhibit 4)Consent. Each Authorized Representative The Collateral Agent agrees that that, upon the satisfaction of all conditions set forth in the preceding sentence, the Notes Collateral Agent shall act as collateral agent under and subject to the terms of this Agreement for the Authorized Representative and the holders of such Other Pari Passu Lien Obligations and as collateral agent for the benefit of all Secured Parties, including without limitation, any Secured Parties that hold any such Other Pari Passu Lien Obligations, and each . Each Authorized Representative that executes any Additional Secured Party Consent agrees to the appointment, and acceptance of the appointment, of the Notes Collateral Agent as collateral agent for the Authorized Representative and the holders of such Other Pari Passu Lien Obligations as set forth in each Other Pari Passu Lien Secured Party Consent and agrees, on behalf of itself and each Secured Party it represents, to be bound by the terms of this AgreementAgreement and the applicable Intercreditor Agreements and, with respect to the rights, duties, privileges, protections, indemnities and immunities of the Collateral Agent, by the Indenture. Upon the satisfaction of the conditions set forth in this Section 6.01, such Other Pari Passu Lien Secured Party Consent Obligations shall become Obligations hereunder with the same force and effect as if originally included in the Intercreditor Obligations hereunder. The rights and obligations of each party to this Agreement shall remain in full force and effect notwithstanding the addition of any new Obligations to this Agreement.

Appears in 1 contract

Samples: Collateral Agreement (Hexion Inc.)

AutoNDA by SimpleDocs

Other Pari Passu Lien Obligations. On or after the date hereof and so long as expressly permitted by the Indenture and any Other Pari Passu Lien Obligations Agreement then outstanding, the Company may from time to time designate Indebtedness at the time of incurrence to be secured on a pari passu basis with the Notes Note Obligations as Other Pari Passu Lien Obligations hereunder by delivering to the Notes Collateral Agent and each Authorized Representative (a) a certificate signed by an Authorized Officer of the Company (i) identifying the obligations so designated and the initial aggregate principal amount or face amount thereof, (ii) stating that such obligations are designated as Other Pari Passu Lien Obligations for purposes hereof, (iii) representing that such designation of such obligations as Other Pari Passu Lien Obligations complies with the terms of the Indenture and any Other Pari Passu Lien Obligations Agreement then outstanding and (iv) specifying the name and address of the Authorized Representative for such obligations and (b) a fully executed Other Pari Passu Lien Secured Party Consent (in the form attached as Exhibit Annex 4). Each Authorized Representative agrees that upon the satisfaction of all conditions set forth in the preceding sentence, the Notes Collateral Agent shall act as agent under this Agreement for the Authorized Representative and the holders of such Other Pari Passu Lien Obligations and as collateral agent for the benefit of all Secured Parties, including without limitation, any Secured Parties that hold any such Other Pari Passu Lien Obligations, and each Authorized Representative agrees to the appointment, and acceptance of the appointment, of the Notes Collateral Agent as agent for the Authorized Representative and the holders of such Other Pari Passu Lien Obligations as set forth in each Other Pari Passu Lien Secured Party Consent and agrees, on behalf of itself and each Secured Party it represents, to be bound by this Agreement, the Other Pari Passu Lien Secured Party Consent Security Agreement and the Intercreditor Agreement.

Appears in 1 contract

Samples: Security Agreement (Clean Harbors Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!