Common use of Right of Designation Clause in Contracts

Right of Designation. Subject to the satisfaction of the requirements of Section 6.24(c) hereof, the Company (i) designates, as of the February 2005 Amendment Effective Date, each of its Subsidiaries as either a Restricted Subsidiary or an Unrestricted Subsidiary as set forth in Exhibit B to the February 2005 Amendment and (ii) after the February 2005 Amendment Effective Date shall have the right to designate each Person which shall have become a Subsidiary after the February 2005 Amendment Effective Date as an Unrestricted Subsidiary or a Restricted Subsidiary by delivering to each holder of Notes a writing, signed by a Senior Officer, certifying that the Company shall have so designated such Person prior to or within thirty (30) days of the such Person becoming a Subsidiary. Any such Subsidiary so designated within such thirty (30) day period shall be deemed to have been an Unrestricted Subsidiary as of the date it shall have become a Subsidiary and any Subsidiary not so designated within such thirty (30) day period shall be deemed, on and after the date it shall have become a Subsidiary and without any further action by the Company or any holder of Notes, to have been designated by the Company as a Restricted Subsidiary. In no event will a Subsidiary be permitted to be designated as an Unrestricted Subsidiary if any Default or Event of Default exists immediately prior to or after giving effect to such designation.

Right of Designation. Subject to the satisfaction of the requirements of clauses (b) and (c) of this Section 6.24(c) hereof9.9, the Company (i) designates, as of the February 2005 Amendment Effective Date, each of its Subsidiaries as either a Restricted Subsidiary or an Unrestricted Subsidiary as set forth in Exhibit B to the February 2005 Amendment and (ii) after the February 2005 Amendment Effective Date shall have the right to designate each Person which shall have become a Subsidiary of its Subsidiaries acquired or formed after the February 2005 Amendment Effective Date date hereof as an Unrestricted Subsidiary or a Restricted Subsidiary by delivering to each holder of Notes a writing, signed by a Senior the Chief Financial Officer, certifying that the Company shall have so designated such Person Subsidiary prior to or within thirty (30) 30 days of the such Person becoming a Subsidiaryacquisition or formation. Any such Subsidiary so designated within such thirty (30) 30 day period shall be deemed to have been an Unrestricted Subsidiary or Restricted Subsidiary, as applicable, as of the date it shall have become a Subsidiary of such acquisition or formation and any such Subsidiary not so designated within such thirty (30) 30 day period shall be deemed, on and after the date it shall have become a Subsidiary of acquisition or formation thereof and without any further action by the Company or any holder of Notes, to have been designated by the Company as a Restricted Subsidiary. In no event will a Each Subsidiary be permitted to be existing as on the date hereof designated as an a Restricted Subsidiary in Schedule 5.4 shall, subject to Section 9(c), be a Restricted Subsidiary on and after the date hereof and all other existing Subsidiaries, if any, listed as a Unrestricted Subsidiary if any Default or Event of Default exists immediately prior in such Schedule 5.4 shall, subject to or Section 9.9(b) hereof, be Unrestricted Subsidiaries on and after giving effect to such designationthe date hererof.

Right of Designation. Subject to the satisfaction of the requirements of clauses (b) and (c) of this Section 6.24(c) hereof9.13, the Company (i) designates, as of the February 2005 Amendment Effective Date, each of its Subsidiaries as either a Restricted Subsidiary or an Unrestricted Subsidiary as set forth in Exhibit B to the February 2005 Amendment and (ii) after the February 2005 Amendment Effective Date shall have the right to designate each Person which shall have become a Subsidiary of its Subsidiaries acquired or formed after the February 2005 Amendment Effective Date date hereof as an Unrestricted Subsidiary or a Restricted Subsidiary by delivering to each holder of Notes a writing, signed by a Senior the Chief Financial Officer, certifying that the Company shall have so designated such Person Subsidiary prior to or within thirty (30) 30 days of the such Person becoming a Subsidiaryacquisition or formation. Any such Subsidiary so designated within such thirty (30) 30 day period shall be deemed to have been an Unrestricted Subsidiary or Restricted Subsidiary, as applicable, as of the date it shall have become a Subsidiary of such acquisition or formation and any such Subsidiary not so designated within such thirty (30) 30 day period shall be deemed, on and after the date it shall have become a Subsidiary of acquisition or formation thereof and without any further action by the Company or any holder of Notes, to have been designated by the Company as a Restricted Subsidiary. In no event will a Each Subsidiary be permitted to be existing as on the date hereof designated as an a Restricted Subsidiary in Schedule 5.14 shall be a Restricted Subsidiary on and after the date hereof and all other existing Subsidiaries, if any, listed as a Unrestricted Subsidiary if any Default or Event of Default exists immediately prior in such Schedule 5.14 shall, subject to or Section 9.13(b) hereof, be Unrestricted Subsidiaries on and after giving effect to such designationthe date hereof.

Right of Designation. Subject to the satisfaction of the requirements of clauses (b) and (c) of this Section 6.24(c) hereof9.9, the Company (i) designates, as of the February 2005 Amendment Effective Date, each of its Subsidiaries as either a Restricted Subsidiary or an Unrestricted Subsidiary as set forth in Exhibit B to the February 2005 Amendment and (ii) after the February 2005 Amendment Effective Date shall have the right to designate each Person which shall have become a Subsidiary of its Subsidiaries acquired or formed after the February 2005 Amendment Effective Date date hereof as an Unrestricted Subsidiary or a Restricted Subsidiary by delivering to each holder of Notes a writing, signed by a Senior the Chief Financial Officer, certifying that the Company shall have so designated such Person Subsidiary prior to or within thirty (30) 30 days of the such Person becoming a Subsidiaryacquisition or formation. Any such Subsidiary so designated within such thirty (30) 30 day period shall be deemed to have been an Unrestricted Subsidiary or Restricted Subsidiary, as applicable, as of the date it shall have become a Subsidiary of such acquisition or formation and any such Subsidiary not so designated within such thirty (30) 30 day period shall be deemed, on and after the date it shall have become a Subsidiary of acquisition or formation thereof and without any further action by the Company or any holder of Notes, to have been designated by the Company as a Restricted Subsidiary. In no event will a Each Subsidiary be permitted to be existing as on the date hereof designated as an a Restricted Subsidiary in Schedule 5.4 shall, subject to Section 9(c), be a Restricted Subsidiary on and after the date hereof and all other existing Subsidiaries, if any, listed as a Unrestricted Subsidiary if any Default or Event of Default exists immediately prior in such Schedule 5.4 shall, subject to or Section 9.9(b) hereof, be Unrestricted Subsidiaries on and after giving effect to such designationthe date hereof.

Right of Designation. Subject to the satisfaction of the requirements of Section 6.24(c6.25(c) hereof, the Company (i) designates, as of the February 2005 Amendment Effective Date, each of its Subsidiaries as either a Restricted Subsidiary or an Unrestricted Subsidiary as set forth in Exhibit B to the February 2005 Amendment and (ii) after the February 2005 Amendment Effective Date shall have the right to designate each Person which shall have become a Subsidiary after the February 2005 Amendment Effective Date as an Unrestricted Subsidiary or a Restricted Subsidiary by delivering to each holder of Notes a writing, signed by a Senior Officer, certifying that the Company shall have so designated such Person prior to or within thirty (30) days of the such Person becoming a Subsidiary. Any such Subsidiary so designated within such thirty (30) day period shall be deemed to have been an Unrestricted Subsidiary as of the date it shall have become a Subsidiary and any Subsidiary not so designated within such thirty (30) day period shall be deemed, on and after the date it shall have become a Subsidiary and without any further action by the Company or any holder of Notes, to have been designated by the Company as a Restricted Subsidiary. In no event will a Subsidiary be permitted to be designated as an Unrestricted Subsidiary if any Default or Event of Default exists immediately prior to or after giving effect to such designation.

Right of Designation. Subject to the satisfaction of the requirements of Section 6.24(c) hereof, the Company (i) designates, as of the February 2005 Amendment Effective Date, each of its Subsidiaries as either a Restricted Subsidiary or an Unrestricted Subsidiary as set forth in Exhibit B to the February 2005 Amendment and (ii) after the February 2005 Amendment Effective Date shall have the right to designate each Person which ‘shall have become a Subsidiary after the February 2005 Amendment Effective Date as an Unrestricted Subsidiary or a Restricted Subsidiary by delivering to each holder of Notes a writing, signed by a Senior Officer, certifying that the Company shall have so designated such Person prior to or within thirty (30) days of the such Person becoming a Subsidiary. Any such Subsidiary so designated within such thirty (30) day period shall be deemed to have been an Unrestricted Subsidiary as of the date it shall have become a Subsidiary and any Subsidiary not so designated within such thirty (30) day period shall be deemed, on and after the date it shall have become a Subsidiary and without any further action by the Company or any holder of Notes, to have been designated by the Company as a Restricted Subsidiary. In no event will a Subsidiary be permitted to be designated as an Unrestricted Subsidiary if any Default or Event of Default exists immediately prior to or after giving effect to such designation.