Common use of Right of Designation Clause in Contracts

Right of Designation. Subject to the satisfaction of the requirements of Section 6.17(c), the Company shall have the right to designate any newly acquired or formed Subsidiary as an Unrestricted Subsidiary by delivering to each holder of Notes a writing, signed by a Vice President or the President of the Company, so designating such Subsidiary within thirty (30) days of the acquisition or formation of such Subsidiary by the Company or any Restricted 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 of such acquisition or formation and any such Subsidiary not so designated within such thirty (30) day period shall be deemed to have been a Restricted Subsidiary as of the date of such acquisition or formation. For all purposes of this Agreement, each Subsidiary designated as an Unrestricted Subsidiary in Part 6.17(a) of Annex 3 shall, subject to Section 6.17(b), be an Unrestricted Subsidiary and all other Subsidiaries, if any, listed in Part 2.3 of Annex 3 shall be Restricted Subsidiaries.

Appears in 2 contracts

Samples: Credit Acceptance Agreement (Credit Acceptance Corporation), Note Purchase Agreement (Credit Acceptance Corporation)

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Right of Designation. Subject to the satisfaction of the requirements of Section 6.17(c), the Company shall have the right to designate any newly acquired or formed Subsidiary as an Unrestricted Subsidiary by delivering to each holder of Notes a writing, signed by a Vice President or the President of the Company, so designating such Subsidiary within thirty (30) days of the acquisition or formation of such Subsidiary by the Company or any Restricted 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 of such acquisition or formation and any such Subsidiary not so designated within such thirty (30) day period shall be deemed to have been a Restricted Subsidiary as of the date of such acquisition or formation. For all purposes of this Agreement, each Subsidiary designated as an Unrestricted Subsidiary in Part 6.17(a) of Annex 3 shall, subject to Section 6.17(b), be an Unrestricted Subsidiary and all other Subsidiaries, if any, listed in Part 2.3 of Annex 3 shall be Restricted Subsidiaries.an

Appears in 2 contracts

Samples: Note Purchase Agreement (Credit Acceptance Corporation), Note Purchase Agreement (Credit Acceptance Corporation)

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Right of Designation. Subject to the satisfaction of the requirements of Section 6.17(c9.6(c), the Company shall have the right to designate any newly acquired or formed each Subsidiary as a Restricted Subsidiary or an Unrestricted Subsidiary by delivering to each holder of Notes a writing, signed by a Vice President or Senior Financial Officer, certifying that the President Board of the Company, Directors shall have so designating designated such Subsidiary within thirty (30) 30 days of the acquisition or formation of such Subsidiary by the Company or any Restricted Subsidiary. Any Subsidiary of the necessary percentages of Voting Stock and other equity interests of such Subsidiary so designated within such thirty (30) day period shall be deemed to have been an Unrestricted Subsidiary as set forth in the definition of the date of such acquisition or formation and any "Subsidiary" contained in Schedule B. Any such Subsidiary not so designated within such thirty (30) -day period shall be deemed deemed, on and after such date and without any further action by the Company or any holder of Notes, to have been originally designated by the Company as an Unrestricted Subsidiary, and such Subsidiary may be redesignated as contemplated by Section 9.6(b) and Section 9.6(c). Each Subsidiary designated as a Restricted Subsidiary as of in Schedule 5.4 shall be a Restricted Subsidiary on and after the date of such acquisition or formation. For all purposes of this Agreement, each Subsidiary designated as an Unrestricted Subsidiary in Part 6.17(a) of Annex 3 shall, subject to Section 6.17(b), be an Unrestricted Subsidiary the Closing and all other Subsidiaries, if any, listed in Part 2.3 Schedule 5.4 shall, subject to Section 9.6(b), be Unrestricted Subsidiaries on and after the date of Annex 3 shall be Restricted Subsidiariesthe Closing.

Appears in 1 contract

Samples: Note Purchase Agreement (Optical Coating Laboratory Inc)

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