Common use of Permitted Additional Obligations Clause in Contracts

Permitted Additional Obligations. (a) The Borrower --------------------------------- may from time to time designate any Indebtedness (including Indebtedness to be advanced pursuant to Secured Instrument Commitments under any Credit Facility) for borrowed money of the Borrower as Permitted Additional Obligations hereunder by (i) delivering to the Collateral Agent a Permitted Additional Obligations Designation in respect of such Indebtedness describing such Indebtedness and attaching thereto a true and complete copy of all instruments and agreements (together with all schedules, exhibits, annexes, appendices and other attachments thereto), including the applicable Secured Instruments, relating to such Indebtedness to which the Borrower or any Subsidiary Loan Party is a party, and (ii) delivering to the Collateral Agent a certificate of a Financial Officer to the effect that such designation of such Indebtedness is not in contravention of any Secured Instrument. Upon completion of the actions described in clauses (i) and (ii) of the preceding sentence, but subject to the following paragraph, the Indebtedness designated by such Permitted Additional Obligations Designation shall constitute Permitted Additional Obligations and the Holders thereof shall constitute Secured Parties hereunder and shall be bound by the provisions hereof. (b) Notwithstanding anything herein to the contrary, (i) the Borrower agrees that it will not incur any Indebtedness that would result in the total outstanding Principal Obligations at any time exceeding $1,845,000,000 and (ii) any purported designation of any Indebtedness as Permitted Additional Obligations that would result in the total outstanding Principal Obligations exceeding the limitation set forth in the foregoing clause (i) at the time of such purported designation shall be null and void and of no force or effect. (c) It is the intent of the parties that, after the date hereof, any increase in the total amount of Principal Obligations and Secured Instrument Commitments over the total amount thereof previously designated hereunder shall require the execution and delivery of an additional Permitted Additional Obligations Designation, notwithstanding that such additional Principal Obligations or Secured Instrument Commitments are under the Credit Agreement, the Nortel Credit Agreement, the Ericsson Credit Agreement or any other Credit Facility that was the subject of a previous Permitted Additional Obligations Designation, but that any Indebtedness resulting from loans advanced pursuant to a Secured Instrument Commitment that was properly designated as Permitted Additional Obligations in accordance with this Agreement (and in compliance with paragraph (b) above) at the time of execution and delivery of the Permitted Additional Obligations Designation relating thereto shall constitute Permitted Additional Obligations notwithstanding any subsequent failure by the Borrower to comply with paragraph (b) above.

Permitted Additional Obligations. (a) The Borrower --------------------------------- may from time to time designate any Indebtedness (including Indebtedness to be advanced pursuant to Secured Instrument Commitments under any Credit Facility) for borrowed money of the Borrower as Permitted Additional Obligations hereunder by (i) delivering to the Collateral Agent a Permitted Additional Obligations Designation in respect of such Indebtedness describing such Indebtedness and attaching thereto a true and complete copy of all instruments and agreements (together with all schedules, exhibits, annexes, appendices and other attachments thereto), including the applicable Secured Instruments, relating to such Indebtedness to which the Borrower or any Subsidiary Loan Party is a party, and (ii) delivering to the Collateral Agent a certificate of a Financial Officer to the effect that such designation of such Indebtedness is not in contravention of any Secured Instrument. Upon completion of the actions described in clauses (i) and (ii) of the preceding sentence, but subject to the following paragraph, the Indebtedness designated by such Permitted Additional Obligations Designation shall constitute Permitted Additional Obligations and the Holders thereof shall constitute Secured Parties hereunder and shall be bound by the provisions hereof. (b) Notwithstanding anything herein to the contrary, (i) the Borrower agrees that it will not incur any Indebtedness that would result in the total outstanding Principal Obligations at any time exceeding $1,845,000,000 and (ii) any purported designation of any Indebtedness as Permitted Additional Obligations that would result in the total outstanding Principal Obligations exceeding the limitation set forth in the foregoing clause (i) at the time of such purported designation shall be null and void and of no force or effect. (c) It is the intent of the parties that, after the date hereof, any increase in the total amount of Principal Obligations and Secured Instrument Commitments over the total amount thereof previously designated hereunder shall require the execution and delivery of an additional Permitted Additional Obligations Designation, notwithstanding that such additional Principal Obligations or Secured Instrument Commitments are under the Credit Agreement, the Nortel Credit Agreement, the Ericsson Credit Agreement or any other Credit Facility that was the subject of a previous Permitted Additional Obligations Designation, but that any Indebtedness resulting from loans advanced pursuant to a Secured Instrument Commitment that was properly designated as Permitted Additional Obligations in accordance with this Agreement (and in compliance with paragraph (b) above) at the time of execution and delivery of the Permitted Additional Obligations Designation relating thereto shall constitute Permitted Additional Obligations notwithstanding any subsequent failure by the Borrower to comply with paragraph (b) above.