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.

Appears in 4 contracts

Samples: Credit Agreement (Leap Wireless International Inc), Security Agreement (Leap Wireless International Inc), Credit Agreement (Leap Wireless International Inc)

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