Additional Senior Class Debt Representative definition

Additional Senior Class Debt Representative has the meaning assigned to such term in Section 5.13.

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Additional Senior Class Debt Representative shall have the meaning assigned to such term in the Pari Passu Intercreditor Agreement.

Additional Senior Class Debt Representative respectively), acting on behalf of the holders of such Additional Senior Class Debt (such Additional Senior Class Debt Collateral Agent, Additional Senior Class Debt Representative and holders in respect of any Additional Senior Class Debt being referred to as the “Additional Senior Class Debt Parties”), becomes a party to this Agreement by satisfying the conditions set forth in clauses (i) through (iv) of the immediately succeeding paragraph. In order for an Additional Senior Class Debt Representative and Additional Senior Class Debt Collateral Agent to become a party to this Agreement,

Examples of Additional Senior Class Debt Representative in a sentence

• Each Authorized Representative acknowledges and agrees that upon execution and delivery of a Joinder Agreement substantially in the form of Annex II by an Additional Senior Class Debt Representative and each Grantor in accordance with this Section 5.13, the Additional Collateral Agent will continue to act in its capacity as Additional Collateral Agent in respect of the then existing Authorized Representatives (other than the Administrative Agent) and such additional Authorized Representative.

• All communications and notices hereunder shall (except as otherwise expressly permitted herein) be in writing and given as provided in Section 12.2 of the Indenture and all notices to any Additional Senior Class Debt Representative shall be given to it at the address set forth in the Joinder Agreement.

• EACH PARTY HERETO HEREBY Senior Class Debt in respect of which such Additional Senior Class Debt Representative is the IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY IN ANY LEGAL Authorized Representative and such Additional Senior Class Debt Collateral Agent is the ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AND FOR ANY Collateral Agent and the related Additional Senior Class Debt Parties become subject hereto and COUNTERCLAIM THEREIN.

• The undersigned Additional Senior Class Debt Representative (the “New Representative”) is executing this Joinder Agreement in accordance with the requirements of the Equal Priority Intercreditor Agreement and the First Lien Debt Documents.

• In order for an Additional Senior Class Debt Representative to become a party to this Agreement as an Authorized Representative, i.

• Upon such designation in accordance with Section 5.13 of the Pari Passu Intercreditor Agreement and delivery by such Additional Senior Class Debt Representative of a Joinder Agreement, such Additional Pari Passu Obligations will be governed by and will constitute Secured Obligations under this Agreement and the other Collateral Documents, except as may be otherwise specified in such Joinder Agreement.

• Each Collateral Agent acknowledges and agrees that upon execution and delivery of a Joinder Agreement substantially in the form of Annex II by an Additional Senior Class Debt Representative and each Grantor in accordance with this Section 5.13, Additional Pari Debt Agent shall act in its capacity as Additional Pari Debt Agent on behalf of the Additional Pari Debt Secured Parties.

• Upon the execution and delivery of a Joinder Agreement by an Additional Senior Class Debt Representative and an Additional Senior Class Debt Collateral Agent in accordance with this Section 5.14, each other Authorized Representative and Collateral Agent shall acknowledge such execution and delivery thereof, subject to the terms of this Section 5.14.

• This Joinder Agreement may be executed in counterparts, each of which provides that such Additional Senior Class Debt Representative may become an Authorized shall constitute an original, but all of which when taken together shall constitute a single contract.

• Each Authorized Representative acknowledges and agrees that upon execution and delivery of a Joinder Agreement substantially in the form of Annex II by an Additional Senior Class Debt Representative and each Grantor in accordance with this Section 5.13, the Additional First Lien Agent will continue to act in its capacity as Additional First Lien Agent in respect of the then existing Authorized Representatives (other than the Administrative Agent) and such additional Authorized Representative.

More Definitions of Additional Senior Class Debt Representative

Additional Senior Class Debt Representative has the meaning assigned to such term in Section 5.12. “Administrative Agent” has the meaning assigned to such term in the definition of Credit Agreement and shall include any successor administrative agent as provided in Section 12 of the Credit Agreement; provided, however, that if the Credit Agreement is Refinanced, then all references herein to the Administrative Agent shall refer to the administrative agent (or trustee) under the Refinancing. “Agreement” has the meaning assigned to such term in the introductory paragraph of this Agreement. “Applicable Authorized Representative” means with respect to any Shared Collateral, (i) until the Discharge of Credit Agreement Obligations, the Administrative Agent and (ii) from and after the Discharge of Credit Agreement Obligations, the Major Non-Controlling Authorized Representative. “Authorized Representative” means, at any time, (i) in the case of any Credit Agreement Obligations or the Credit Agreement Secured Parties, the Administrative Agent, (ii) in the case of the First Lien Notes Obligations or the First Lien Notes Secured Parties, the First Lien Notes Authorized Representative, and (iii) in the case of any other Series of Additional First Lien Obligations or Additional First Lien Secured Parties that become subject to this Agreement after the date hereof, the Additional Senior Class Debt Representative for such Series named in the applicable Joinder Agreement. “Bankruptcy Case” has the meaning assigned to such term in Section 2.06(b). “Bankruptcy Code” means Title 11 of the United States Code, as amended. “Bankruptcy Law” means the Bankruptcy Code and any similar federal, state or foreign law for the relief of debtors. -2- VP/#40336866.2

Additional Senior Class Debt Representative means the Authorized Representative of such Additional Senior Class Debt.

Additional Senior Class Debt Representative means the Authorized Representative of any Additional Senior Class Debt. “Affiliate” means, when used with respect to a specified Person, another Person that directly, or indirectly through one or more intermediaries, Controls or is Controlled by or is under common Control with the Person specified. “After-Acquired Property” means any and all assets or property (other than Excluded Property) acquired after the Issue Date, including any property or assets acquired by an Issuer or a Guarantor from another Subsidiary, which in each case constitutes Collateral or would have constituted Collateral had such assets and property been owned by an Issuer or Guarantor on the Issue Date. “Agent” means any Registrar, co-registrar, Paying Agent or additional paying agent. “Applicable Calculation Date” or “date of determination” means the applicable date of calculation for the specified financial ratio, amount or percentage. “Applicable Measurement Period” means the most recently ended four fiscal quarters immediately preceding the Applicable Calculation Date for which financial statements have been furnished in accordance with the covenant set forth under Section 4.03 hereof or for which financial statements are available. “Applicable Premium” means, with respect to any Note on any redemption date, the greater of: (1) 1.0% of the then outstanding principal amount of the Note; or (2) the excess, if any, of: